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■-J^-'i^ ^ crin. 


•.. I V. . :.'\ ' 


ELECTION LAW 


? 

As Amended in 18^7. 


O^The officer to whom this is distributed will deliver it to 
his successor in office. 


/jf LA.W 

department . 

■ 















V 






CONSTITUTION. 


ARTICLE II. 

Section 1. Every male citizen of the age of twenty-one Qiiaiifica- 
years, who shall have been a citizen for ten days, and an Jors.*^ 
inhabitant of this State one year next preceding any elec¬ 
tion, and for the last four months a resident of the county 
where he may offer his vote, shall be entitled to vote at such 
election in the election district of which he shall at the time 
be a resident, and not elsewhere, for all officers that now are 
or hereafter may be elective by the people; 5ut such citizen 
shall have been for thirty days next preceding the election, a' 
resident of the district from which the officer is to be chosen 
for whom he offers his vote. But no man of color, unless Freehold for 
he shall have been for three years a citizen of this State, and Sr ^ 
for one year next preceding any election shall have been 
seized and possessed of a freehold estate of the value of two 
hundred and fifty dollars, over and above all debts and in¬ 
cumbrances charged thereon, and shall have been actually ra¬ 
ted and paid a tax thereon, shall be entitlid to vote at such 
election. And no person of color shall be subject to direct 
taxation unless he shall be seized and possessed of such real 
estate as aforesaid. 

Section 2. Laws may be passed excluding from the right who may be 
of suffrage all persons who may have been or may be con- 
victed of bribery, of larceny, or of any infamous crime; and Betting. 
for depriving every person who shall make, or become di¬ 
rectly or indirectly interested in any bet or wager depending 
upon the result of any election, from the right to vote at such 
election. 

Section 3. For the purpose of voting, no person shall be Residence, 
ieemed to have gained or lost a residence, by reason of his 
presence or absence, while employed in the service of the 

1 



2 


United States; nor while engaged in the navigation of the 
waters of this State, or of the United States, or of the high 
seas; nor while a student of any seminary of learning; nor 
while kept at any alms house, or other asylum, at public ex¬ 
pense; nor while confined in an} public prison. 

Proof of Section 4. Laws shall be made for ascertaining by pro- 

right to vote. proofs the citizens who shall be entitled to the right of 

suffrage hereby established. 

Ballot. Section 5. All elections by the citizens shall be by ballot, 

except for such town officers as may by law be directed to 
be otherwise chosen. 

ARTICLE HI. 

Leguiature. § 1- The legislative power of this State shall be vested in 
a Senate and Assembly. 

Senate and § 2. The Senate shall consist of thirty-two members, and 
A^embi>. Senators shall be chosen for two years. 

The Assembly shall consist of one hundred and twenty- 
eight members, who shall be annually elected. 
senat()riai ^ 3. The State shall be divided into thirty4n)0 districts, 
to be called Senate districts, each of which shall choose one 
Senator. The districts shall be numbered from one to thirty- 
two inclusive. 

No 1 . District number one (1) shall consist of the counties of 

Suffolk, Richmond and Queens. 

No. 2 . District number two (2) shall consist of the county of 

Kings. 

Rupcrviaors Disti’icts number three (3) number four (4) number five (5) 
New-York and number six (6) shall consist of the city and county of 
mtodistnc.s. and the board of supervisors of said city and 

county shall, on or before the first day of May, one thousan<^ 
eight hundred and forty-seven divide the said city and county 
into the number of Senate districts to which it is entitled, 
near as may be of an equal number of inhabitants, excluding 
aliens and persons of color not taxed, an.l consisting of con 
venient and contiguous territory; and no Assembly distric 
shall be divided in the formation of a Senate district. Th , 
board of supervisors, when they shall have completed sue 
division, shall cause certificates thereof, stating the numK 


3 


and boundaries of each district, and the population thereof, to 
be filed in the office of the Secretary of State, and of the 
clerk of the said city and county. 

[Description of the Senate districts in the county of New-York as adopted 
by the board of supervisors of said county, April 27, 1847, pursuant to the 
3d section of article 3, of the amended Constitution. 


Senate district. 

Wards. 

Rep. population. 


Third, 

1st, 2d, 3d, 4th, 5th and 6th, 

68,004 

No. 3. 

Fourth, 

7th, 10th, 13th, and 17th, 

81,458 

No. 4. 

Fifth, 

8th, 9th, and 14th, 

70,063 

No. 5. 

Sixth, 

11th, 12th, 15th, i6th and 18th, 

78,094 

No. 6. 


City and County of New-York, ) 

April 28, 1847. \ 

I certify the foregoing to be a correct 
copy of the description of Senate districts of this city and county as adopt¬ 
ed by the supervisors thereof on the 27th April, 1847. 

D. T. VALENTINE, 

Clerk of Board of Supervisors.} 


District number seven (7) shall consist of the counties of 
Westchester, Putnam and Rockland. 

District number eight (8) shall consist of the counties of 
Dutchess and Columbia. 

District number nine (9) shall consist of the counties of 
Orange and Sullivan. 

District number ten (10) shall consist of the counties of 
Ulster and Greene. 

District number eleven (11) shall consist of the counties of 
Albany and Schenectady. 

District number twelve (12) shall consist of the county of 
Rensselaer. 

District number thirteen (13) shall consist of the counties 
of Washington and Saratoga. 

District number fourteen (14) shall consist of the counties 
of Warren, Essex, and Clinton. 

District number fifteen (15) shall consist of the counties 
of St. Lawrence and Franklin. 

District number sixteen (16) shall consist of the counties 
of Herkimer, Hamilton, Fulton and Montgomery. 

District number seventeen (17) shall consist of the counties 
Schoharie and Delaware. 

District number eighteen (18) shall consist of the counties 
of Otsego and Chenango. 

District number nineteen (19) shall consist of the county 
of Oneida. 


No. 7. 

No. 8 

No. 9. 

No. 1(). 

No. 11-. 

No. 12.. 

No. 13 


No. 14. 


No. 15. 


No. 16. 


No. 17. 


No. 18. 


No. 19. 









4 


No. 20. 

No. 21. 

No. 22. 

No. 23, 

No. 24. 

No. 25. 

No. 20. 

No. 27. 

No. 28. 

No. 29. 

No. 30. 

No. 31. 

No. 32. 

Census 
when to be 
taken. 

Districts to 
be altered. 


To remain 
*naltered. 


District number twenty (20) shall consist of the counties 
of Madison and Oswego. 

District number twenty-one (2l) shall consist of the coun¬ 
ties of Jefferson and Lewis. 

District number twenty-two (22) shall consist of the coun¬ 
ty of Onondaga. 

District number twenty-three (23) shall consist of the coun¬ 
ties of Cortland, Broome and Tioga. 

District number twenty-four (24) shall consist of the coun¬ 
ties of Cayuga and Wayne. 

District number twenty-five (25) shall consist of the coun¬ 
ties of Tompkins, Seneca and Yates. 

District number twenty-six (26) shall consist of the coun¬ 
ties of Steuben and Chemung. 

District number twenty-seven (27) shall consist of the coun¬ 
ty of Monroe. 

District number twenty-eight (28) shall consist of the coun¬ 
ties of Orleans, Genesee and Niagara. 

District number twenty-nine (29) shall consist of the coun¬ 
ties of Ontario and Livingston. 

District number thirty (30) shall consist of the counties of 
Allegany and Wyoming. 

District number thirty-one (3l) shall consist of the coun¬ 
ty of Erie. 

District number thirty-two (32) shall consist of the coun¬ 
ties of Chautauque and Cattaraugus. 

§ 4. An enumeration of the inhabitants of the State shall 
be taken, under the direction of the Legislature, in the year 
one thousand eight hundred and fifty-five, and at the end of 
every ten years thereafter; and the said districts shall be so 
altered by the Legislature, at the first session after the return 
of every enumeration, that each senate district shall contain, 
as nearly as may be, an equal number of inhabitants, exclu¬ 
ding aliens, and persons of color not taxed; and shall remain 
unaltered until the return of another enumeration, and shall 
at all times consist of contiguous territory; and no county 
shall be divided in the formation of a Senate district, except 
such county shall be equitably entitled to two or more Sena¬ 
tors. 


5 


STATE OF NEVV-YORK, > 

Secretary’s Office. ^ 

I certify the preceding to be 
correct transcripts of Article two, and of sections one, two, 
three and four, of Article three, of the Constitution of this 
State, (including the division of the Senate districts in the 
city and county of New-York, made by the supervisors there¬ 
of,) compared with the originals deposited in this office. 

N. S. BENTON, 

Secretary of State. 


Albany^ May 10, 1847, 







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S' 


1. .jV'■ V ''’, ti 





AN ACT 


Respecting elections other than for Militia and 
Town Officers. 

Passed April 5, 1842, 

The People of the State of J^ew-Yorky represented in Senate 
nnd Assembly, do enact as follows: 

TITLE I. 

Of the qualifications, disabilities and privileges of electors^ 

Sec. 1.—Certain sections repealed. 

Sec. 2.—Persons convicted of infamous crimes not to vote unless pardoned 

Sec. 3.—No civil process to be served on a voter during election. 

§ 1. The first and second sections of the first title, and the 
first section of the third title, and the twenty-first section of 
the fourth title of the act entitled An act respecting elec¬ 
tions other than for militia and town officers,” passed April 
5, 1842, are hereby repealed. [^Sec, 1, Chap. 240, of 1847.] 

§ 2. [Sec. 3.] No person who shall have been convicted 
of an infamous crime, deemed by the laws of this State a fe¬ 
lony, at any time previous to an election, shall be permitted 
to vote thereat; unless he shall have been pardoned before or 
after his term of imprisonment has expired, and restored by 
pardon to all the rights of a citizen. 

§ 3. No person shall be permitted to vote at an election 
who previous thereto shall have been convicted of bribery or of 
any infamous crime, unless he shall have been pardoned and re¬ 
stored to all the rights of a citizen, or who shall make any bet or 
wager, or be directly or indirectly interested in any bet or 
wager depending upon the result of any election, at which 
such person mtiy offer to vote. [Sec. 15, of ch. 240, of 1847.] 

§ 4, Whenever an election shall be held in any city or Priviiigee, 
town, pursuant to this Chapter, no declaration by which a suit 







8 


shall be commenced, or any civil process, or proceeding in 
the nature of civil process, shall be served on any elector en¬ 
titled to vote in such city or town, on the day on which such 
election shall be held. 

Redirictions. § 5. No court shall be opened, or transact any business, in 
any city or town on the day such election shall be held there¬ 
in, unless it be for the purpose of receiving a verdict or dis¬ 
charging a jury, and every adjournment of a court in such 
city or town, on the day next preceding the day any such 
election shall be held therein, shall always be to some other 
day than the day of such election, except such adjournment 
as may be made after a cause has been committed to a jury. 
But this section shall not prevent the exercise of the jurisdic¬ 
tion of any single magistrate, when it shall be necessary in 
criminal cases to preserve the peace, or to arrest offenders. 
[a5 amended by ^ 2^ of same chapter. 

TITLE II. 

Of general and special elections ; the time and purpose of 
holding them ; and the persons by whom held. 

§ 1. General elections are such as are held at the same 
time in every county, for the election of all or of some of the 
following officers, namely: Governor, Lieut. Governor, Judges 
of the Court of Appeals, Justices of the Supreme Court, 
Clerk for the Court of Appeals, Secretary of State, Comp¬ 
troller, State Treasurer, Attorney-General, State Engineer and 
Surveyor, Canal Commissioners, Inspectors of State Prisons, 
District-Attorneys, County Judge, Senators, Members of As¬ 
sembly, Sheriffs, Clerks of Counties, Coroners, Representa¬ 
tives in Congress, and Electors of President and Vice Presi¬ 
dent.” [a5 amended by ^ 3, of same chapter.^ 

§ 2. The Register and Clerk of the city and county of 
New-York, shall also be chosen at a general election. 

§ 3. Special elections are such as are held only in particu¬ 
lar distiictor county, at a time when no general election is 
held, for the choice of one or more of the officers proper to 
be chosen at a general election. 

§ 4. General elections shall be held on the Tuesday suc¬ 
ceeding the first Monday of November in every year; special 


General 

elections. 


Ibid. 

Special 

elections. 

When held. 


9 


elections at the times and places of which legal notice shall 
have been given ; but no special election shall be held with- 7.'^ 
in forty days previously to a general election. 

§ 5. General and special elections shall be held for one Duration 
day only. 

§ 6. Special elections shall be held in the following cases: special 

1. When an officer other than a Governor, Lieutenant-^ 
Governor and elector of President and Vice-President, proper 

to be chosen at a general election, shall not have been chosen 
by reason of two or more candidates having received an equal 
number of votes for the same office. 

2. When the right of office of a person elected to the of¬ 

fice of a Representative in Congress, Senator, Member of the 
Assembly, Sheriff, or Clerk of any county, or Sheriff, Clerk, ■ ' 

or Register of the city and county of New-York, shall cease 
before commencement of the term of service for which such 
officer shall have been elected. 

3. When a vacancy occurs in the^ office of any Senator orvacancie*. 
Member of Assembly after the last day of December in any 

year, and before the first day of March following, [as amend¬ 
ed hy ^ A, of same chapter^ 

4. When in case of an extra session of the Legislature, a ibid, 
vacancy in the office of a Member of the Assembly or Senator 
shall occur between the first day of April, and ten days be¬ 
fore the time appointed for such extra session, [as amended 

h chapter. 

§ 7. When a special election shall not have taken place as ibid, 
required by law, the vacancy which ought to have been sup¬ 
plied by such election shall be supplied at the next gene¬ 
ral election. 

§ 8. All vacancies in any of the offices named in the first and ibid 
second sections of this title, Qxcept Governor, Lieutenant- 
Governor, Electors of President and Vice-President, Senators, 
and Members of Assembly, shall be supplied at the general 
election next succeeding the happening thereof, [as amended 
by ^ 6, of same chapter.] 

§ 9. If a vacancy proper to be supplied at a general elec-ibw, 
tion, shall not have been supplied at a general election next 
succeeding the happening thereof, a.special election to sup¬ 
ply such vacancy shall then be held. 



10 


Special eleC' 
lions, how 
ordered. 


Proclama¬ 

tion. 


Elections, 
how held. 


BovernorJ 
and Lieut. 
Governor’s 
election. 


Senators 
and county 
officers. 


^ 10. Special elections in the first case provided for in the 
sixth section of this Title, shall be ordered by the board of can¬ 
vassers having the power to determine on the election of the 
officer omitted to be chosen : and in all other cases, such 
election shall be ordered by the Governor, who shall issue his 
proclamation therefor. 

§ 11. Such proclamation shall specify the county or district 
in which such special election is to be held ; the cause of 
such election; the name of the officer in whose office the va¬ 
cancy has occurred ; the time when his term of office will 
expire ; and the day on which such election is to be held, 
which shall not be less than twenty nor more than forty days 
from the date of the proclamation. 

§ 12. The elections in the several cities and towns shall be 
by election districts. 


TITLE III. 

Of the mode of notifying general and special elections. 


Art. 1. —Of the notice to be given by the Secretary of State. 

Art. 2.—Of the notices to be given by the county and State canvassers* 
Art. 3.—Of the notices to be given to town officers ; the formation of 
election districts, and the appointment of inspectors of election thereof. 


Article First. 


Of the notices to he given by the Secretary of State, 

§ 1. The Secretary of State shall once in every two years, 
between the first day of July and the first day of September, 
immediately preceding the expiration of the term of office 
of the Governor and Lieutenant-Governor last chosen, direct 
and cause to be delivered to the sheriff, clerk, or county 
judge of each county, a notice in writing, that at the next 
general election, a Governor^ and Lieutenant-Governor are to 
be elected. 

§ 2. The Secretary of State shall, between the fisrt days of 
Jnly and September in each year, direct and cause to be de¬ 
livered to the sheriff or clerk or county judge of each county, 
a notice in writing, specifying all the officers (county officers 
excepted) specified in the first section of title second of this 
act, whose term of service shall expire on the last day of 
December thereafter, and a like notice specifying the several 


11 


officers to be chosen in such county at the next general elec¬ 
tion. [As amended by § 7, of same cha'pteri\ 

§ 3. If any vacancy shall exist in a county, proper to be vacancies, 
supplied at the ensuing general election, he shall in like 
manner, between the first day of July and the fifteenth of 
October previous to such election, direct and cause to be di- 
livered to the sheriff, clerk or county judge of such county, a 
notice in writing, specifying the cause of such vacancy; the 
name of the officer in whose office it has occurred, and the 
time when his term of office will expire; and if any such va¬ 
cancy shall exist in a district, he shall in like manner direct 
and cause to be delivered to the sheriff, clerk, or first judge 
of each county therein, the like notice. 

§ 4. When a special election shall have been ordered by 
the Governor in a county, the Secretary of State shall forth¬ 
with cause a copy of the Governor’s proclamation to be de¬ 
livered to the sheriff, clerk, or county judge of such county; 
and when ordered in a district, to the sheriff, clerk, or county 
judge of each county therein. 

§ 5. The Secretary of State shall cause a copy of each Publications, 
notice issued by him, and of such proclamation of the Gover¬ 
nor, to be published in the State paper, once in each week, 
from the date of such notice or proclamation, until the elec¬ 
tion to which it shall refer. 

Article Second. 

Of the notices to he given by the county and State canvassers, 

§ 6. When a special election shall be necessary, in the Notices, 
case of an equality of votes, provided for in the second Ti- how given, 
tie of this Chapter, the board of canvassers, having power to 
determine on the election of the officer omitted to be chosen, 
shall, without delay, direct and cause to be delivered to the 
sheriff, clerk or county judge of each county in the. district, 
or of the county in which such election is to be held, a notice 
specifying the officer to be chosen; the time for which he is 
to be chosen, and the day on which such election is to be 
held; which day shall not be less than twenty nor more than 
forty days from the date of such notice. 

^ 7. The notice of such an election, if ordered by the How signed. 








1-2 


board of State canvassers shall be signed by the Secretary of 
State, and if ordered by the county canvassers, by the chair¬ 
man and clerk of the board. 

Article Third. 

Of the elections in cities and towns; of the notices to he 
given to city and town officers; the formation of election 
districts, and tlve appointment of inspectors of election 
thereof 

Election dis- § 8. The Several cities of this State shall be divided by the 

trictsinci- ^ mci •-i ‘ 

^es. common council of the said cities respectively, into convenient 
election districts for the holding of all general and special 
elections, and all elections of the officers of such cities who 
are elective by the people. 

WaM dis- ^ 9. Every ward in the city, containing not more than five 
hundred voters, shall be an election district; every ward in 
a city containing more than five hundred voters and not more 
than eight hundred voters, may, on or before the first Monday 
of October next, or in any year thereafter, be divided by the 
common council of such city, if they shall deem expedient, 
into two districts, to contain, as near as may be, an equal 
number of voters; and every ward of a city containing more 
than eight hundred voters, shall, on or before the first Mon¬ 
day of October next, and as often annually thereafter as may 
be necessary or expedient, be divided by the common council 
of such city into two or more districts, in such manner as 
shall be entire within one ward, and shall contain, as near as 
may be, an equal number of voters; and no district shall 
contain more than eight hundred voters. 

Map of ward § lO. Whenever a ward shall be divided into two or more 

districts to " . m t n * 

be made, districts, the common council shall immediately publish the 
same, by making a map or description of such division, defi¬ 
ning it by known boundaries, and keeping such map or de¬ 
scription open for public inspection in the office of the clerk 
of such city, and also by posting up copies of such map in 
at least ten of the most public places in each district of such 
ward; and the common council shall, also, prior to every 
election, furnish copies of such map and description to the 
inspectors of election in each district of such ward. 


13 


§ 11. Until inspectors of election shall by law, be chosen inspectors of 
and appointed at the charter election of any city, the com- 
mon council of such city shall, at least ten days before eve¬ 
ry general election, appoint three inspectors of election for 
each election district in said city. 

§ 12. The inspectors so appointed shall be qualified voters Their quaiifi- 
and residents in such districts, and shall be inspectors, also, 
of all special elections held in such city during the ensuing 
year. 

^ 13. Any two of such inspectors may act, and in case of Two may 
the death or inability of either of them, the common council 
may thereafter appoint another in his place. 

§ 14. The Sheriff, Clerk, or county judge of each county Notice to 
who shall receive a notice of an election, shall, without 
lay, deliver a copy of such notice to the supervisor or one of 
the assessors of each town or ward in his county. He shall 
also cause a copy of such notice to be published in all the 
public newspapers in his county, once in each week until 
the election therein specified; if there be none printed in 
his county, then in some newspaper of an adjoining county. 

6 15. The supervisor, assessors, and town clerk of each Towns, how 

in 1 1 1 1 nr- • to be divided 

town, shall meet at the town clerk s office in such town on into election 

. .11.1 districts in 

the first 1 uesday in September next, at ten o clock in the i842. 
forenoon, and form themselves into a board. And in case 
a majority of said officers, for any cause, do not attend on 
that day, it shall be the duty of those who do attend, to ad¬ 
journ to some future day, not exceeding five days, and shall 
immediately thereupon give notice to those officers who do 
not attend, of the time of such adjournment; and it shall 
be the duty of all said officers to attend on such adjourn¬ 
ed day, and to proceed in the same manner as though a ma¬ 
jority had attended on the day appointed by law; and ad¬ 
journments from time to time may be had by said officers, 
as occasion may require; but no such adjournments shall 
extend beyond the first day of October in said year. They 
shall, in all cases where any town shall contain more than 
five hundred electors, divide the same into a convenient 
number of election districts, so that each district shall be in 
a compact form within their town, and shall contain not 
more than fi^ hundred electors, as far as the number can 


r 




14 


In every 

succeeding 

year. 


New towns, 
how divided 


Places of 
holding elec 
tion, how de 
signaled. 


be ascertained. But where any town shall contain less than 
five hundred electors, the board may, in their discretion, di¬ 
vide the same into districts. They shall make a certificate 
of such division, under their hands, in which such districts 
shall be numbered and described by known boundaries, which 
shall be immediately filed in the office of the town clerk. 
The town clerk shall, at least two weeks before the day of 
election, put up copies of the said certificates in at least four 
public places in each of the said districts, within ten days 
after such meeting; and he shall deliver a copy thereof to an 
inspector in each district before the day of election. 

§ 16. In every succeeding year the same officers shall meet 
at the town clerk’s office on the first Monday of October, 
at ten o’clock in the forenoon, and form a board. They 
shall determine whether any alteration in the existing elec¬ 
tion d'stricts be necessary or expedient, and shall have pow¬ 
er to make the same, subject to the same restrictions and 
limitations contained in the last preceding section; and shall, 
in like manner, make a certificate of such alterations, ex¬ 
hibiting the districts as altered and their numbers respect¬ 
ively; which certificate shall be filed in the town clerk’s 
office. Such alteration shall not take effect until after the 
then next general election, except in case of the alteration, 
erection or division of a town, in which case it shall take ef¬ 
fect immediately. 

§ 17. When any new^ town shall be formed, the supervi¬ 
sor, town clerk and assessors therein, shall meet at the town 
clerk’s office, on or before the first Tuesday in September 
preceding the first general election to be held in such town, 
and divide the same into districts as herein prescribed, and 
the same proceedings, in all respects, shall be had as herein 
provided in respect to towns now existing. 

§ 18. The common council of each city, and the said town 
officers of each town, on the first Tuesday of September next 
and on the first Monday in October in each year thereafter, 
shall designate the place in each election district in such 
city or town at which elections shall be held during the year; 
and they shall thereupon give notice, written or printed, to 
be posted in at least eight public places in each district, con¬ 
taining a description of such place so designated, and of the 


15 


time of opening and closing the poll. The said town offi- Officers to be 
cers shall, at their meeting on the first Tuesday of Septem-Scte^. 
her next, assign at least three of their number to hold the 
election in each district, and if there be not a sufficient num¬ 
ber for that purpose, they shall assign one or more of their num¬ 
ber to each district, and shall select from among the justices of 
the peace, the commissioners of common schools and the 
commissioners of highways of such town, as many as shall 
be necessary, in addition to those previously assigned, to con¬ 
stitute at least three inspecters of election for each district; 
and such inspectors shall be allowed to vote in the district 
where they shall be respectively assigned. The selections 
shall be made from the officers aforesaid, in the order 
herein named, residing in the district to which they shall be 
assigned, if there be sufficient for the purpose. A certificate 
specifying the officers thus assigned and selected for each dis¬ 
trict, shall at the same time be assigned by the board, and 
filed in the office of the town clerk, who shall immediately 
cause notice thereof to be given to the officers selected. And 
in case a majority of said common council in any city, or a 
majority of said town officers, shall for any cause fail to at¬ 
tend for the purposes aforesaid, on the days above mentioned, 
the same powers are given in relation to adjournments; and 
the same duties are required in all particulars as are given in 
the fifteenth and sixteenth sections of this Title to town offi¬ 
cers, except that no adjournments shall extend beyond the 
fifteenth day of October in each year. 

, § 19. The officers thus assigned and selected, shall be in- in¬ 
spectors of all general and special elections held in the se-*" 
veral districts for which they shall have been appointed, until 
the annual town meeting in such town in the year one thou¬ 
sand eight hundred and forty-three. 

§ 20. In rase any of the persons assigned or selected as in-vacancies, 
spectors shall not be in office at the time appointed for hold- 
ing any election, their successors shall be such inspectors; 
and in case of a vacancy in any of the said offices, or of the 
absence or inability of any officer to act as inspector at any 
election, by which the number of inspectors for a district shall 
be reduced below three, the supervisor of the town, or in 
case of a vacancy in his office, or his absence or inability, 


16 


the town clerk, shall designate so many of the justices of the 
peace or commissioners of common schools, or of the com¬ 
missioners of highways ot the town, as shall be necessary 
to supply such numbers in the order in which they are here¬ 
in named, who shall be inspectors of such election for such 
district. 

Inspectors to § 21. At each town meeting to be held in the several 
towns of this State, and at each annual charter election to 

cS! be held in the several cities of this State, which are not orga- 
Vcized into towns, after the first day of January next, the elec¬ 
tors of such city or town shall be entitled to vote by ballot, on 
the same ticket with other town or charter officers, for two 
electors residing in each election district of such town or city, 
to be inspectors of election for such city or town; and the 
two persons in each district receiving the greatest number of 
votes, shall be two of the inspectors of election for such dis¬ 
trict at all elections to be held therein the ensuing year. The 
presiding officers of such town meeting or charter election, 
shall immediately after the votes of such town meeting or 
charter election shall be canvassed, appoint by writing, sub¬ 
scribed by a majority of said presiding officers, another in¬ 
spector of elections for each election district, to be associated 
with said two inspectors so elected, and who shall thereupon 
be one of the inspectors of election of such district. Such 
inspector shall be selected from the two persons in such elec¬ 
tion district who shall have the highest number of votes next 
to the two inspectors so elected. And no ballot for inspec¬ 
tors shall be counted upon which more than two names be 
contained. 

Vacancies, § 22. In casc any such inspectors in any town shall not be 

how suppii- Qj. appointed, as provided for in the preceding sec¬ 

tion, or any of them shall be absent, or shall have ceased to 
be a resident of such district, or unable to attend and hold any 
election in their district, the supervisor, town clerk and justi¬ 
ces of the peace in such town, shall meet at such time and 
place as shall be appointed by the supervisor, or in case of 
his absence or inability, or a vacancy in his office, by the 
town clerk, and shall designate and appoint so many electors 
of such election district, as shall be necessary to supply such 
vacancy, to be inspectors of election for such district, and 


17 


shall file a certificate of such appointment in the office of the 
town clerk; and the persons thus appointed shall be inspec¬ 
tors of such election for such district. And all vacancies 
which may exist or occur in the office of inspector of election 
in any city, shall be filled by the common council of such 
oity. 

§ 23. The inspectors assigned, elected, designated or ap-Payofia. 
pointed as herein prescribed, shall receive the compensation 
provided by law for inspectors of elections in towns or wards, 

6 24. Every town or ward that shall not be divided into Towns or 

1 • I* • T T • • wardsnot 

election districts according to the preceding provisions, shall divided, 
constitute and be an election district in itself; and all the 
provisions of this act in relation to election districts, the elec¬ 
tion or appointment of inspectors of election therein, and 
their duties and powers, shall apply to such towns or wards 
and the inspectors of elections therein. 

TITLE IV, 

Of the manner of conducting elections. 

Art. 1. —Of the formation of the board of inspectors, and the appoint* 
ment of clerks. 

Art. 2. —Of the manner of votinjr, and of challenges. 

3.—Of the duties of the board of inspectors, and clerks of the poll. 

Art. 4.—Of the canvass and estimate of the votes by the board of in* 
spectors, 

Artici.e First, 

Of the formation of the Board of Inspectors and the appoint¬ 
ment of Clerks. 

§ 1, The inspectors of each election district shall meet ** 

the time and place, when and where an election shall have 
been appointed to be held therein, and shall proceed to or¬ 
ganize themselves as a board, for the purpose of presiding at ^ 
and conducting such election. 

§ 2. The inspectors shall appoint one of their number chairman, 
chairman of the board, who shall administer to the other in¬ 
spectors the oath of office, as prescribed by the constitution, 
and the same oath shall then be administered to the chairman 
by one of the other inspectors. 

2 


18 


cTierks, ^ 3 ^ XJig iDspectors Of a majority of them, having seve¬ 
rally taken such oath, the board shall then appoint two 
clerks, to be called clerks of the poll. 

Oath. ^ 4 , The clerks shall each take the constitutional oath of 

office, which shall be administered to them by the chairman 
of the board. 

Poll opened. ^ 5 . Xhc poll of each election shall then be opened, and 
proclamation thereof made, and of the time w*hen the same 
will be closed. 

S^^keilrSpen ^ Several cities shall be opened at sun¬ 

rise, and in the several towns at any time between sunrise 
and nine o’clock in the morning, and shall be kept open till 
the setting of the sun; and no adjournment or intermission 
whatever shall take place until the same be closed. 

Article Second. 

Of the manner of voting, and of challenge^}. 

saUot The electors shall vote by ballot; and each person 

offering to vote, shall deliver his ballot, so folded as to con¬ 
ceal the contents, to one of the inspectors, in the presence oi 
the board. 

Its form and ^ 8 . The ballot shall be a paper ticket, which shall con- 

eontents. * , , . 

tain written or printed, or partly written and partly printed, 
the names of the persons for whom the elector intends to 
vote, and shall designate the office to which each person, so 
named is intended by him to be chosen; but no ballot shall 
contain a greater number of names of persons as designated 
to any office, than there are persons to be chosen at the elec¬ 
tion to fill such office. 

§ 9 . Except as otherwise provided in the subsequent subdi¬ 
visions of this section, the ballots shall contain as follows: 

1. The names of all the persous voted for by any elector 
at any election, excepting electors of president and vice 
# president, judges of the court of appeals, justices of the su¬ 
preme court, county judges, separate officers to perform the 
duties of the office of surrogate and local officers to discharge 
the duties of county judge and surrogate, shall be upon one 
ballot, which ballot shall be endorsed “ State,” and the names; 
of all the persons voted for by any elector at any election for 


19 


judges of the court of appeals, justices of the supreme court, 
county judges, separate officers to perform the duties of the 
office of surrogate and local officers to discharge the duties of 
county judge and surrogate, shall be upon one ballot which 
ballot shall be endorsed “judiciary.” 

2. In counties entitled to more than one member of Assem¬ 
bly, the name of the person voted for by any elector for mem¬ 
ber of Assembly, at any election, shall be upon a separate 
ballot and endorsed “ Assembly.” 

3. In the city and county of New-York, the names of all 
persons voted for by any elector for Senator at any election 
shall be upon a separate ballot and endorsed “ Senate.” 

4. In the city and county of New-York, and in the county 
of Hamilton, the names of all the persons voted for by any 
elector for representative in Congress at any election shall be 
upon a separate ballot and endorsed “ Congress.” [a 5 a? 7 ,,end- 
ed by ^9 of same chapter.'] 

§ 10. When electors of president and vice president are to Electors 
be chosen, a separate ballot shall be given for them, which 
shall be endorsed “ Electors,” and shall contain the names of 
i the persons designated by the voter giving the same, to be 
electors of president and vice-president, or any of them. 

§ 11. If at a general election there be one or more vacan-Termof8e«>- 
cies to be supplied in the office of judge of the court of ap-nated. 
peals, justice of the supreme court, canal commissioner, or 
inspector of State prisons, and at the same election, one is to 
be elected to the same office for a full term, the term for 
which the person voted for is intended, shall be designated ' 
on the ballot. amended by ^ \0 of same chapter.\ 

§ 12 . If at a general election for representatives in Con- 

^ ^ , designated. 

gress, any person named in a Congress ballot, shall be in¬ 
tended to supply a vacancy in the office of such representa¬ 
tive, the ballots shall designate the Congress for which each 
person is intended to be chosen. 

§ 13. If any person offering to vote at any election shall chaUenge 
be challenged in relation to his right to vote at that election, » 
by an inspector, or by any other person entitled to vote at 
the same poll, one of the inspectors shall tender to him the 
following preliminary oath: “You do swear (or affirm) that Preliminary 
you will fully and truly answer all such questions as shall be put 




20 


Qne«tic-n3 to 

persons 

chaUenged. 


Vote when 
tobe reject- 
tsl 


QubJihou- 

noos. 


©nth to be 
taken if cha!- 
•eiige is not 
withdrawn. 


to you, touching your place of residence and qualifications as 
an elector.’’ 

§ 14. The inspectors or one of them shall then proceed to 
question the person challenged in relation to his name; his 
then place of residence; how long he has resided in the town 
or ward where the vote is offered; what was the last place of 
his residence before he came into that town or ward, and also 
as to his citizenship, and whether a native or naturalized citi¬ 
zen, and if the latter, when, wdiere, and in what court, or be¬ 
fore what officer he was naturalized; whether he came into the 
town or ward for the purpose of voting at that election; howr, 
long he contemplates residing in the town or ward; and all 
such other questions as may tend to test his qualifications as a 
resident of the town or wmrd, citizenship and right to vote at 
that poll. 

§ 15. If any person shall refuse to take the said prelimina¬ 
ry oath when so tendered, or to answer fully any questions 
which shall be so put to him, his vote shall be rejected. 

§ 16. After receiving the answers of the persons so chal¬ 
lenged, the board of inspectors shall point out to him the 
qualification if any, in respect to which he shall appear to 
them deficient. 

§ 17. If the person so offering.shall persist in his claim to 
vote, and the challenge shall not be withdrawn, one of the 
inspectors shall then administer to him the following oath : 

“You do swear (or affirm as the case may be,) that you 
have been a citizen of the United States for ten days, and 
are now of the age of twenty-one years, that you have been 
an inhabitant of this State for one year next preceding this 
election, and for the last four months a resident of this coun¬ 
ty ; that you have been for thirty days next preceding this 
election a resident of this Assembly district, (or Senate or 
Congressional district or districts, ward, town, village or city, 
as the case may be, naming any or all of the foregoing dis¬ 
tricts, w^ard, town, village or city from which the officer is to 
be chosen for wdiom said person offers to vote ;) that you are 
now a resident of this town, (or w-ard as the case may be,) 
and of the election district in which you now offer to vote, 
and that you have not made any bet or wager, and are not 
directly or indirectly interested in any bet or wmger depend- 


21 


ing upon the result of this election, and that you have not > ■' 
voted at this election.” [a 5 amended by § 11 , of same ^ 

chapter.l " 

§ 18. If the person so offering to vote he a colored man, ib. ofaco. 
the following oath shall be tendered to him: ‘You do swear 
(or affirm,) that you are of the age of twenty-one years ; that 
for three years you have been a citizen of this State, that you 
have been an inhabitant of this State for one year next pre¬ 
ceding this election, and during that time have been, and that 
you now are, seized and possessed of a freehold estate of the 
value of two hundred and fifty dollars, over and above all 
debts and incumbrances charged thereon, and have been actu¬ 
ally rated and paid a tax thereon; and that you have been for 
the last four months a resident of this county ; that you have 
been for the last thirty days next preceeding this election a 
resident of this Assembly district, (or Senate or Congression¬ 
al district or districts, ward, town, village or city, as the case 
may be, naming any or all of the foregoing districts, ward, 
town, village or city from which the officer is to be chosen for 
whom said person offers to vote ;) that you are now a resi¬ 
dent of this town, (or ward, as the case may be,) and of the 
election district in which you now offer to vote, and that you 
have not made any bet or wager, and are not directly or in¬ 
directly interested in any bet or wager depending upon the 
result of this election, and that you have not voted at this 
election.’ ” amended by § 12 , of same chapter.] 

6 19. If any person shall refuse to take the oath so ten-vcte whem® 

* " ^ , be rejected. 

dered, his vote shall be rejected. 

§ 20 . No inspector of election shall at the first election af- JeSof”* 
ter this act takes effect, if challenged, be required in the oath''^®“^*^ 
administered to him, to state that he is a resident of the dis¬ 
trict in which he offers to vote, if such vote is offered in the 
district for which he shall be appointed an inspector. 

§ 21. The inspectors of any election in addition to the oth- 
er questions to be put to any person offering to vote, when 
challenged, under the act of the Legislature of this State 
passed April 5, 1842, entitled “ An Set respecting Elections 
! other than for Militia and Town Officers,” shall interrogate 
j every such person as to his qualifications to vote under the 
present Constitution, [^ec. 17, of chap. 240, of 1847.] 



22 


Minutes re- 22. The iiispectors of election shall keep a minute 

specting per- i i 11 • j j * 

sons chaiien- of their proccedinffs m respect to the challenging and admin- 

ged, &c., to ^ ^ ^ • 

be^eptaiid jstering oaths to persons oiiering to vote, m which shall he 

entered, by one of them, the name of every person who shall 
have taken the oaths prescribed by this act, or either of them, 
specifying in each case whether the preliminary oath, or the 
general oath, or both, were taken ; which minute and state-^ 
ment shall be certified by such inspectors, aud returned by 
them to the office at which their return of votes given at such 
election is made, and at the same time, and shall there be 
filed. The inspectors shall also direct the clerks of the polls 
to designate by some appropriate mark, opposite to his name, 
every person entered on said list, who shall have taken the 
said oaths, or either of them. 

§ 23. If the person be challenged as convicted of an infa¬ 
mous crime, he shall not be required to answer any questions 
in relation to such alleged conviction ; nor shall any proof of 
such conviction be received, other than a duly authenticated 
record thereof; but if any person so convicted shall vote at 
any such election, unless he shall have been pardoned and re¬ 
stored to all the rights of a citizen^ he shall be deemed guilty 
of a misdemeanor, and on conviction shall be imprisoned in 
the county jail for the term of six months. 


CJballenge as 
% convict. 


Article Third. 

Of the duties of the Board of Inspectors, and Clerks of the 
Poll. 


Ballot boxes. § 24. At each annual and special election, the inspectors 
shall provide and keep a box in which all ballots required 
to be endorsed ‘‘ State,” as directed in the ninth section of 
this Title shall be deposited ; also a box in which all ballots 
which are required by said ninth section to be endorsed “ Ju¬ 
diciary,” shall be deposited; also, in the proper counties a 
box in which all ballots which are required by said ninth sec¬ 
tion to be endorsed “Assembly,” shall be deposited ; also a 
box in which all ballots which are required by said ninth sec¬ 
tion to be endorsed “ Senate,” shall be deposited ; also, a box 
in which all ballots which are required by said ninth section 


23 


to be endorsed Congress,” shall be deposited. [cf 5 amended 
by § 13, of same chapter^ 

§ 25. When electors of President and Vice-President are to Baiiot boxea. 
be chosen, or amendments of the Constitution proposed, se¬ 
parate boxes shall in like manner be provided, in which shall 
be deposited the ballots for such electors, and on such pro¬ 
posed amendments. 

/ § 26. Each box shall be provided with a sufficient lock, and 

shall be locked before the opening of the poll, and the keys 
thereof delivered to one of the inspectors, to be appointed by 
the board, and shall not be opened during the election, ex¬ 
cept in the manner and for the purposes hereinafter men¬ 
tioned. 

§ 27. An opening shall be made in the lid of each box,^- 
not larger than shall be sufficient for a single closed ballot 
to be inserted therein at one time, through which each bal¬ 
lot received^ proper to be placed in such box, shall be in¬ 
serted, 

§ 28. When the board shall have finally received the 
lot of an elector, one of the inspectors, without opening the 
same, or permitting it to be opened or examined, shall de¬ 
posit it in the box corresponding in title with the endorse¬ 
ment of the ballot. 

§ 29. Each clerk of the poll shall keep a poll list, which 
shall contain one column headed “ names of voters,” and 
so many additional columns as there are boxes kept at the 
election. The heading of each additional column shall cor¬ 
respond with the name of one of the boxes so kept, 
j § 30. The name of each elector voting shall be entered 
by each clerk in the column of his poll list, headed ‘‘ names 
of voters;” and when there shall be more than one box 
kept, opposite such name shall be written the figure 1, in 
each remaining column of such poll list, corresponding in its 
heading with the name of a box in which a ballot of the 
elector shall have been deposited. 

§ 31. It shall be the duty of each inspector to challenge JhXng” ^ 
every person offering to vote, whom he shall know or suspect 
not to be duly qualified as an elector. 

§ 32. The board of inspectors shall possess full authority orde/.^'^ 
to maintain regularity and order, and to enforce obedience 



24 


to their lawful commands, during an election, and during the 
canvass and estimate of votes, after the closing of the poll; 
and shall have full authority to preserve peace and good order 
at and around the polls of the election, and to keep the ac¬ 
cess thereto open and unobstructed; and may appoint one or 
more electors to communicate their orders and directions, and 
to assist in the performance of the duties in this section en¬ 
joined. 

^^eserve ^ 33 ^ jf ^ny person shall refuse to obey the lawful com¬ 
mand of the inspectors, or by disorderly conduct in their pre¬ 
sence or hearing, shall interrupt or disturb their proceedings^ 
they may make an order directing the sheriff, or any consta¬ 
ble of the county, to take the person so offending into custo¬ 
dy, and detain him until the final canvass of the votes shall 
be completed; but such order shall not prohibit the person so 
taken into custody from voting at such election. 

§ 34. Such order shall be executed by any sheriff or con¬ 
stable, to whom the same shall be delivered; or if none shall 
be present, by any other person deputed by such board in 
writing. 

f 

Art I CEE Fourth. 

Of the Canvass and Estimate of the Votes hy the Board of 
Inspectors. 

Canvass^ § 35. As soon Hs the poll of an election shall have been 

h^iwmade. finally closed, the inspectors of the said election in their se¬ 
veral districts, shall proceed to canvass the votes. Such can¬ 
vass shall be public, and shall not be adjourned or postponed 
until it shall have been fully completed. 

^ canvass shall commence by a comparison of the 

poll lists from the commencement, and a correction of any 
mistakes that may be found therein. 

^otyobe § 37. Each box being opened, the ballots contained there¬ 
in shall be taken out and counted unopened, except so far as 
to ascertain that each ballot is single. And if two or more 
ballots shall be found so folded together as to present the ap- 
pearanee of a single ballot, they shall be destroyed, if the 
whole number of ballots exceed the whole number of votes, 
and not otherwise. 


I 


25 


§ 38. No ballot properly endorsed, found in a box 
ent from that designated by its endorsement, shall be rejected, 
but shall be counted in the same manner as if found in the 
box designated by such endorsement, provided that by the 
counting of such ballot or ballots, it shall not produce an ex¬ 
cess of votes over the number of voters as designated on the 
poll lists. 

§ 39. If the ballots shall be found to exceed in number Excess to bo 
the whole number of votes on the correspondent columns 
the poll lists, they shall be replaced in the box, and one of 
the inspectors shall, without seeing the same, publicly draw 
out and destroy so many ballots unopened, as shall be equal 
to such excess. 

§ 40. The board shall then proceed to canvass and esti-Estimate of 
mate the votes. 

§ 41. If after having opened or canvassed’ the ballots, it Excess to be 
i should be found that the w'hole number of them exceeds 
w^hole number of voters entered on the poll lists, the inspec¬ 
tors shall return all the ballots into the box, and shall tho¬ 
roughly mingle the same; and one of the inspectors to be 
designated by the board, shall publicly draw out of such box, 
w’ithout seeing the ballots contained therein, so many of such 
ballots as shall be equal to the excess, which shall be forth¬ 
with destroyed. 

§ 42. The canvass shall be completed ly ascertaining how statement of 
many ballots of the same kind corresponding in respect to made, 
the names of persons thereon and the offices for which they 
are designated, have been received: and the result being found, 
the inspector shall securely attach to a statement of such can¬ 
vass one ballot of each kind found to have been given for the 
officers to be chosen at such election, any or either of them, 
except those given for electors of president and vice-presi¬ 
dent; and they shall state in w^ords at full length immediately 
opposite such ballot, and written partly on such ballot and 
partly on the paper to which it shall be attached, the whole 
number of all the ballots that were received wdiich correspond 
with the one so attached, so that one of each kind of the bal¬ 
lots received at such election for the officers then to be chosen, 
shall be attached to such paper, with a statement of such can¬ 
vass. They shall also attach to such paper, the original bal- 



26 


Canvass and 
statement of 
votes for pre¬ 
sident and 
vice-presi* 
dent. 


Form of 
Statement. 


Copy to be 
filed. 


Poll lists to 
be filed. 


Ballots to be 
destroyed. 


lots rejected by them as being defective, which were given at 
such election. 

§ 43. When electors of president and vice-president shall 
be chosen at any election, the inspectors shall make a sepa-^ 
rate canvass and statement of votes given for electors, in the 
manner prescribed in the last preceding section, by ascertain¬ 
ing how many ballots of the same kind, corresponding in 
respect to the names thereon, have been received; and the re** 
suit being found, the inspectors shall securely attach to paper 
one original ballot of each kind found to have been given for 
electors, and shall state, in words at full length opposite such. 
ballot, and written prjtly thereon, and partly on the paper to 
which it shall be attached, the whole number of ballots for 
electors, that were found to have been received, corresponding 
with the one so attached. They shall also attach to such pa¬ 
per all original ballots for electors, rejected by them as being 
defective. 

§ 44. The statements to be made by the inspectors shall 
contain a caption, stating the day on which, and the number 
of the district, the town or ward, and the county at which the 
election was held, in relation to which such statement shall 
be made; it shall also contain a statement showing the whole 
number of ballots taken for each person, designating the office 
for which they are given, which statement shall be written in 
words at length; and at the end thereof, a certificate that such 
statement is correct in all respects; which certificate shall be 
subscribed by the inspectors. 

§ 45. A true copy of the several statements made by the 
inspectors, shall be made and certified by them, and imme¬ 
diately filed by them, in the office of the clerk of the town 
or city. 

§ 46. The poll lists kept at such election shall he filed by 
the inspectors, or one of them, in the office of the clerk of 
the town or city in which such election was held, and shall 
be there preserved. 

§ 47. The remaining ballots not so pasted or attached, 
shall be destroyed, and the hoard of inspectors shall be dis¬ 
solved* 


27 


§ 48. The original statements^ duly certified, shall be deli*^Sfntg„ 
vered by the inspectors, or by one of them to be deputed for 
that purpose, to the supervisor of the town or ward, within 
twenty-four hours after the same shall have been subscribed. 

If there be no supervisor, or he shall be disabled from attend¬ 
ing the board of county canvassers, such original statement 
shall be delivered to one of the assessors of the town or ward 
in which such election was held. 

TITLE V. 

O/* the final canvass, and the mode of declafing and certifying 
the result. 

Art. 1.—Of the board of county canvassers, and their proceedings. 

Art. 2.—Of the duties and proceedings of the county clerk. 

Art. 3.—^Of the duties of the Secretary of State, previous to the meeting ' 
of the state canvassers. 

Art. 4. —Of the formation and proceedings of the board of state canvassers. 

Art. 5. —Of the subsequent duties of the Secretary of State. 

Article First. 

[0/ the Board of County Canvassers, and their proceedings, 

§ 1. The supervisors or assessors, to whom the original Board how 
statements of the canvass of votes in the towns or wards, 
which they respectively belong, shall have been delivered, 
shall form the county board of canvassers. 

§ 2. They shall meet at the office of the clerk of the coun- Where and 
ty, on the Tuesday next following the election, before onemSet!*° 
o’clock in the afternoon of that day, in all the counties of this 
State except the county of Hamilton, which shall meet on the 
first Friday next following said election, and shall choose one of 
their number as chairman. \^amended § 1, of chap, 331, 
of 1844.] 

^ 3. The clerk of the county, or in his absence his deputy, secretary, 
shall be secretary of the board. 

§ 4. The chairman shall then administer the constitutional Oath. 
oath to each member of the board, and the same oath shall be 
administered to him by the secretary. 

§ 5 . The major part of the supervisors or assessors to Quorum, 
whom the original statements of the canvass in the several 






28 


Estimate of 
Totes te be 
made. 


Sepatate 
statements 
to be made. 


No. of votes 
and names 
written at 
length. 


How certi¬ 
fied. 


Members of 
assembly 
and countv 
officers. 


t 

Copy to be 
pablished. 


districts in their towns or wards shall have been delivered, 
shall be a sufficient number to constitute a board. 

§ 6. The original statements of the canvass in each dis¬ 
trict shall then be produced, and from them the board shall 
proceed to estimate the votes of the county, and shall make 
such statements thereof as the nature of the election shall re¬ 
quire,* such statements shall then be delivered to and deposited 
with the county clerk. 

§ 7. They shall make a separate statement containing the 
whole number of votes given in such county for the office of 
governor, lieutenant governor, judge of the court of appeals, 
justice of the supreme court, clerk of the court of appeals, 
secretary of state, comptroller, treasurer, attorney-general, 
state engineer and surveyor, canal commissioner, inspector of 
state prisons, senator in each district, and representative in 
congress in each district, or any or either of them; the names 
of the persons for whom such votes were given, and the num¬ 
ber of votes given for each; another, of the votes given for 
all county officers, any or either of them; another, of the 
votes given for member of assembly, in each assembly dis¬ 
trict; and another of the votes for electors of president and 
vice president; and another, of the votes given for any pro¬ 
posed amendment to the Constitution. amended by § 14 

of chapter 240 of 1847.] 

§ 8. In such statements, the whole number of votes given 
in each town and district, the names of the candidates, and 
the number of votes given to each, shall be written out in 
words at full length. 

^ 9. Each statement shall be certified as correct, and at¬ 
tested by the signatures of the chairman and secretary of the 
board; and a copy of each, thus certified and attested, shall 
be delivered to the county clerk, to be recorded in his office. 

§ 10. Upon the statement of votes given for members of 
Assembly and county officers, the board shall proceed to de¬ 
termine what person or persons have, by the greatest number 
of votes, been duly elected to each of the offices mentioned 
in each statement. 

§ 11. The board shall cause a copy of every such determi¬ 
nation, and of the statement upon which it shall be made, to 


29 


I be published in one or more of the newspapers printed in the 
; county. 

§ 12. If any one of the supervisors or assessors ^ippointed 
to attend the county canvass, shall be unable to attend 

. r 1 1 1 . board. 

meeting of the board on the day appointed for such meeting, 
he shall, on or before that day, cause to be delivered at the 
office of the county clerk, the original statement of the votes 
of his town or ward. 

§ 13. If on that day a majority of the county canvassers Duty of 
shall not attend, or the statements of the votes from every Sueud!^^ 
district in the county shall not be produced, the canvassers 
then present, shall adjourn to some convenient hour of the 
next day. 

§ 14. At that hour they shall again meet, and the can-ibid, 
vassers then attending, although less than a majority of the 
whole, shall organize themselves as a board, and upon the 
statements, or certified copies thereof, then produced, shall 
! proceed to estimate, state and certify the votes of the county, 

I in the manner before directed. 

§ 15. If upon proceeding to canvass the votes, it shall statement* 
clearly appear to the canvassers that in any statement pro- omissions, 
duced to them, certain matters are omitted in such statement, reiuniedm 
which should have been inserted, or that any mistakes which 
are clerical merely exist, they shall cause the said statement 
to be sent by one of their number, (who they shall depute for 
that purpose,) to the town or ward inspectors, and town or 
ward canvassers of the town or ward from whom they were 
received, to have the same corrected; and the said canvasser 
so deputed shall immediately proceed and give notice to the 
said towm or ward inspectors and canvassers, whose duty it 
shall be forthwith to assemble together and make such cor¬ 
rection as the facts of the case require; but such town or 
ward inspectors and canvassers shall not at such meeting C 

change or alter any decision before made by them, but shall 
only cause their canvass to be correctly stated; and the board 
of county canvassers are authorised to adjourn from day to 
day, for the purpose of obtaining and receiving such state¬ 
ment, such adjournment not to extend beyond three days. 





30 


Clerk to 
deliver 
•tatements. 


To procure 
those not re¬ 
ceived by 
hiin. 


To record 
•tatements. 


To prepare 
three copies 


To transmit 
the same to 
Governor, 
Secretary 
ahd Comp¬ 
troller. 


To deliver 
copy of cer¬ 
tificate to 
county offi- 
cers- 


List to be 
sent to Sec¬ 
retary of 
State. 


Article Second. 

Of the duties and 'proceedings of the county clerk. 

§ 16. The county clerk shall deliver to the board of coun¬ 
ty canvassers, all the certified statements of the votes taken 
in each town or ward at the next preceding election that 
shall have been received at his office. 

§ 17. If on the day appointed for the meeting of the board 
of county canvassers, the board shall not have been organized, 
owing to a deficient return of the votes of the county; the 
county clerk shall by a special messenger, or otherwise ob¬ 
tain necessary statements or certified copies thereof, in time 
to be produced to the board at their next meeting. 

§ 18. The county clerk shall record in his office all the 
statements and certificates, that shall have been delivered to 
him by the county board of canvassers, and shall keep a pro¬ 
per book for that purpose. 

§ 19. Of the statement and certificate of the votes for the 
office of Governor, Lieutenant Governor, .Judges of the Court 
of Appeals, Justices of the Supreme Court, Clerk for the 
Court of Appeals, Secretary of State, Comptroller, Treasurer 
of the State, Attorney-General, State Engineer and Surveyor, 
Canal Commissioners, Inspectors of State Prisons, Senators 
and Representatives in Congress, or either of them, he shall 
prepare three certified copies under his signature, and sealed 
with his seal of office.” | as amended hy § i8 of same chapter.^ 

§ 20. Within five days after the adjournment of the board 
of county canvassers, the county clerk shall deposite in the 
nearest post office, directed to the Governor, to the Secretary 
of State and to the Comptroller, each, one of the certified co¬ 
pies of the statement and certificates of votes, so prepared by 
him. 

§ 21. He shall prepare as many certified copies of each 
certificate of the determination of the board of county can¬ 
vassers, as there are persons declared to be elected in such 
certificate, and shall, without delay, deliver one of such copies 
to each person so elected. 

§ 22. He shall transmit to the Secretary of State, within 
twenty days after a general • election, arid within ten days 
after a special election, a list of the names of the persons 



31 


elected in the county as members of Assembly, and also a 
list of the names of all persons elected to any county office at 
such election, with the places of their residence respectively. 

Article Third. 

Of the duties of the Secretary of State 'previous to the meet- 
ing of the State Canvassers. 

§ 23. It shall be the duty of the Secretary of State to file Certified 
in his office, the certified statements received by him from at® defiled by 
county clerk; and to obtain from the Governor and Comp- 
troller, every such certified statement received by either of 
them, and to file the same in his office. 

§ 24. If from any county from which such statement shall To send sp». 
be due, none shall have been ‘received or obtained by him, on gers to coun- 

** ly clcf lcft - 

or before the last day of November next after a general elec 
tion, and within twenty days after a special election, he shall 
despatch a special messenger to obtain such statement from 
the clerk of such county. 

§ 25. Such clerk shall immediately, on the demand of such Duty of 

V •' clcrlw- 

messenger, made at his office, make out and deliver to such 
messenger the statements required. 

6 26. The messenger shall deliver to the Secretary of State, Duty of me** 
as soon as may be, all such statements as he shall receive, to 
be filed and recorded as aforesaid. 

^ 27. The Secretary of State shall appoint a meeting of Secretary to 
the State Canvassers to be held at his office, or that of the canvassers. 
Treasurer or Comptroller, on or before the fifteenth day of 
December after each general election, and within forty days 
after a special election. 

§ 28. If a majority of those officers shall be unable orib. 
shall fail to attend on the day appointed, he shall give notice 
to the mayor and recorder of the city of Albany, that their 
attendance is required. 

Article Fourth. 

Of the formation and proceedings of the hoard of State Can¬ 
vassers. 

§ 29. The Secretary of State, Comptroller, Surveyor-Gene ” Board how- 
ral, Attorney-General and Treasurer, shall be the State Can- 




32 


vassers; three of whom shall be a sufficient number to form 
a board. After the present year the State Engineer and Sur¬ 
veyor shall be one of the State Canvassers,, in the place of 
the Surveyor-General. [«.? amended hy § 19 of same chapter.^ 
^ § 30. If u majority of those officers shall be unable, or shall 

fail to attend the mayor and recorder of the city of Albany, 
being notified by the Secretary of State, shall attend without 
delay, and, with the officers attending shall form the board, 
to pro- § 31. The board when thus formed shall, upon the certified 

copies of the statements made by the boards of county can¬ 
vassers, proceed to make a statement of the whole number of 
votes given at such election for the office of Governor and 
Lieutenant Governor, or either of them; another statement of 
the votes given for the office of Senator; and another, of the 
votes given for Representative in Congress; another of the 
votes for Judges of the Court of Appeals; another, of the 
votes for Justices of the Supreme Court; another, of the 
votes for the Clerk for the Court of Appeals; another of the 
votes for Secretary of State; another, of the votes for Comp¬ 
troller; another of the votes for State Treasurer; another, of 
the votes for Attorney-General; another, of the votes for State 
Engineer and Surveyor; another of the votes for Canal Com¬ 
missioners; and another of the votes for Inspectors of State 
Prisons; each of which statements shall show the names of 
the persons to whom such votes shall have- been given for 
either of the said offices, and the whole number of votes given 
to each; distinguishing the several districts and counties in 
which they were given. They shall certify such statements 
to be correct, and subscribe the same with their proper names. 
amended hy § 20 same chapter.'^ 

mhieS ^ Upon such statements they shall then proceed to de- 
deciare per- termine and declare what persons have been by the greatest 
number of votes, duly elected to such offices, or either of 
them. 

T«^gbscnbe § 33. They shall make and subscribe on the proper state¬ 
ment, a certificate of such determination, and shall deliver the 
same to the Secretary of State. 

§ 34. If any one of the canvassers shall dissent from a de¬ 
cision of the board, he shall state at large, in writing, the 
reasons of such dissent. 


Dissents. 



33 


§ 35. ll any ol the acts or proceedings of the board shall 
appear to any one of the canvassers to be illegal or irregular, 
such canvasser shall protest against the same in writing, set¬ 
ting forth distinctly the grounds of his protest. 

§ 36. The canvasser so dissenting or protesting, shall de-ib. 
liver his dissent or protest, signed with his proper name, to 
the Secretary of State, who shall file the same in his office. 

§ 37. The board shall have power to adjourn from day 

1 ^ i 1 . ment. 

day, lor a term not exceeding five days. 

Article Fifth. 

Of the siihsequent duties of the Secretary of State. 

I § 38. He shall record in his office, in a book to be kept To record 
I by him for that purpose, each certified statement and determi - of state can- 
i nation, which shall be delivered to him by the board of State 
! canvassers, and every dissent or protest that shall have been 
delivered to him by a canvasser. 

§ 39. He shall, without delay, transmit a copy, under the To transmit 
seal of his office, of such certified determination to each per-pefson 
son thereby declared to be elected, and a like copy to the^^^^^^^' 

I Governor. 

; §40. He shall cause a copy of such certified statements to publish 

and determinations to be printed in one or more of the public 
newspapers in each Senate district, if any shall be published 
therein, fas amended by ^ 21 of the same chapter.^ 

§ 41 . He shall prepare a general certificate under the seal General cer- 
of this State, and attested by him as secretary thereof, ad- members of 
dressed to the house of representatives of the United States, 
in that congress for which any person shall have been chosen, 
of the due election of the persons so chosen at each election, 
as representatives of this State in congress; and shall trans¬ 
mit the same to the said house of representatives, at their 
first meeting. 

§ 42. If either of the persons so chosen at such election Ofmernbers 

^ supply 

shall have been elected to supply a v acancy in the office of vacancies, 
representative in congress, it shall be mentioned by the Sec¬ 
retary, in the statements and certificates to be prepared by 
him. 


3 



To record 
names of 
county otli- 
cers elected. 


When cho¬ 
sen. 


Resignation 
or death. 


Election by 

general 

ticket. 


O'* 

§ 43. The Secretary of State shall enter in a book to be 
kept in his office, the iiames of the respective county officers 
elected in this State, specifying the counties for which they 
were severally elected and their place of residence, the office 
to which they were respectively elected, and their term of 
office. 


TITLE YL 

Of the election of Representatives in Congress^ Electors of 

Prsmieni and Vice-’Fresuhvf and Senators in 

AnT. 1—*Oftho election of ropr«55ritati793l n cojacrrasis. 

Art. 2.—Of the election of electors of President and Vice-Piosidejit, 

Art. 3.— Of the formation and proceedings of the college of electors. 

Art. 4.—Of the election of senators in congress. 

Article First. 

Of the election of Representatives in Congress. 

^ 1. Representatives in tlie house of representatives of the 
congress of the United States shall be chosen in the several 
congress districts, at tlie general elections held therein, in 
every second year, after the year one thousand eight hundred 
and twenty-six. 

^ 2. If a representative in congress shall resign, he shall 
forthwith transmit a notice of his resignation to the Secreta¬ 
ry of State; and if a vacancy shall occur by death or other¬ 
wise in the office of representative in congress, the clerk of 
the county in which such representative shall have resided 
at the time of his election, shall, without delay, transmit a 
notice of such vacancy to the Secretary of State. 

Article Second. 

Of the election of Electors of President and Vice-President, 

§ 3. At the general election in November, preceding the 
time fixed by the law of the United States for the choice 
of President and Vice-President of the L'nited States, there 
shall be elected, by general ticket, as many electors of Pre¬ 
sident and Vice-President as this State shall be entitled to ap¬ 
point; and each elector in this State shall have a right to 
vote for the whole number; and the several persons to the 



35 


number required to be chosen, having the highest number of 
votes, shall be declared and deemed duly appointed electors. 

§ 4. The county clerk of each county shall make three 
certified copies of the statement of votes given for electors 
in his county immediately after recording the same, and 
forthwith transmit, by mail, one of such certified copies to 
the Governor, another to the Secretary of State, and deliver 
the other as hereinafter directed. 

^ 5. One of the certified copies of such statement of votes ibid, 
given in each of the several counties herein named, shall be 
delivered by the clerks of such counties respectively, as here¬ 
in directed, on llie day next succeeding that on ^^hich the 
canvass shall have been made, to wit; Those of the counties 
of Niagara, Wyoming and Orleans, to the clerk of Genesee; 
those of the counties of Livingston, Monroe, Wayne and 
Yates, to the clerk of Ontario; that of the county of Seneca, 
to the clerk of Cayuga; those of the counties of Cortland 
and Oswego, to the clerk of Onondaga; that of the county 
of Madison, to the clerk of Oneida; those of the counties of 
Montgomery, Fulton and Saratoga, to the clerk of Schenec¬ 
tady; that of Chenango, to the clerk of Broome; those of 
the counties of Rockland, Orange, Ulster and Sullivan, to 
the clerk of Greene; that of the county of Richmond, to the 
clerk of New-York; and those of the counties of Otsego, 
Schoharie, Rensselaer and Albany to the vSecretary of State. 

§ 6. The clerks of the several counties of Franklin, St. Me«sengew. 
Lawrence, Chautauqiie, Cattaraugus, Tompkins and Suffolk, 
immediately after recording the electoral votes received by 
them, shall appoint a messenger to receive and carry the 
certified copies of the statements ot votes given for electors 
as herein directed; which appointment shall be made by the 
said clerks, under their seal of office. 

^7. Each clerk of a county having received the certified To receire 

, copy front 

copies of the statements of the electoral votes given in 
other county, shall deliver the same to the messenger authori¬ 
zed to receive the certified statements of the electoral votes 
given in his county, and shall deliver the said last mentioned 
statements to the messenger authorized to receive the same 
yvhen demanded. 





36 


Me,seng-eT 
in St. Law¬ 
rence eo. 


In Cattaraii- 
gtiK county. 


In Chautavi- 
que county. 


In Franklin 
cotijity. 


In Toirip- 
kuis county. 


§ 8. The messenger appointed in the county of St. Law 
rence, shall immediately after his appointment, receive the 
certified statements of the electoral votes of said county, and 
forthwith proceed to the offices of the clerks ot the counties- 
of Jefferson and Lewis, and receive the certified stateraents- 
of the electoral votes of those counties; and within three 
days after his appointment, deliver the copies by him receiv¬ 
ed, to the clerk of Oneida county. 

§ 9. The messenger appointed in the county of Cattarau¬ 
gus, shall, immediately after his appointment, receive the 
certified statements of the electoral votes of that county, and 
forthwith proceed to the clerk’s offices of the counties of Al¬ 
legany and Steuben, and receive the certified statements of 
the electoral votes of those counties; and within fifty-six 
hours after his appointment, deliver the certified statements 
by him received to the clerk of Ontario county. 

^ 10. The messenger appointed in the county of Chau- 
tauque, shall, immediately after his appointment, receive the 
certified statements of the electoral votes of that county, and 
forthwith proceed with all reasonable diligence, to the offices 
of the clerks of the counties of Erie, Genesee, Ontario, Ca¬ 
yuga, Onondaga, Oneida, Herkimer and Schenectady, and re¬ 
ceive from the several clerks the certified statements of elec¬ 
toral votes in those counties respectively; and such others as 
shall have been delivered to such clerks, as herein provided, 
and deliver the same to the Secretary of State. 

§ 11. The messenger appointed in the county of Franklin, 
shall, immediately after his appointment, receive the certified 
statements of the electoral votes of that county, and forthwith 
proceed with all reasonable diligence, to the offices of the 
clerks of the counties of Clinton, Essex, Warren and Wash¬ 
ington, and receive from the several clerks the certified state¬ 
ments of electoral voles in those counties respectively, and 
deliver the same to the Secretary of State. 

§ 12. The messenger appointed in the county of Tompkins, 
shall, immediately after his appointment, receive the certified 
statements of the electoral votes of that county, and forthwith 
proceed with all reasonable diligence, to the offices of the 
clerks of the counties of Chemung, Tioga, Broome, Delaware 
and Greene, and receive from the several clerks the certified 




37 


statements of electoral votes in those counties respectively, 
and such others as shall have been delivered to such clerks, 
as herein provided, and deliver the same to the Secretary of 
State. 

§ 13. The messenger appointed in the county of Suffolk, 
shall, immediately after his appointment, receive the certified 
statements of the electoral votes of that county, and forthwith 
proceed with all reasonable diligence, to the offices of the clerks 
of the counties of Queens, Kings, New-York, Westchester, 

Putnam, Dutchess and Columbia, and receive from the several 
clerks the certified statements of electoral votes in those coun¬ 
ties respectively, and such others as shall have been delivered 
to such clerks, as herein provided, and deliver the same to the 
Secretary of State. 

§ 14. The board of State canvassers shall meet at the office of Duty of 
the Secretary of State, on the Wednesday next after the third JSseM." 
Monday of November after every such election, or sooner, if 
all the certified copies of the statements of the county can¬ 
vassers shall have been received from all the counties, to can¬ 
vass the votes given for the electors of president and vice pre¬ 
sident; and in case all the certified statements shall not have 
been received on that day, the board may adjourn from day to 
day until the same shall have been received, not exceeding five 
days; and if at the expiration of four days, certified copies of 
the statements of the county canvassers shall not have been 
received from any county, the board shall proceed to can¬ 
vass upon such of the said statements as shall have been re¬ 
ceived. 

§ 15. The board of State canvassers shall proceed in mak-statemeat 
ing a statement of all the votes, and determining and certify¬ 
ing the persons elected, in the manner prescribed by law in re¬ 
lation to^the election of State officers. 

§ 16. The Secretary of State, shall, without delay, cause a Duty of se- 
copy, under the seal of his office, of the certified determination ° 
of the board of State canvassers, to be delivered to each of 
the persons therein declared to be elected; and for that pur¬ 
pose he may employ such and so many messengers as he shall 
deem necessary. 

§ 17. The determination and certificate of the board of State Publication, 
canvassers in relation to the choice of electors shall be pub- 




38 


Penalty for 
dftrtroying 
certificate, 
ke. 


/ 


For wilful 
■eglect or 
corrupt con- 
duet. 


Pay of ntes- 
»«i;gers. 


lished in the same manner as provided by law in relation to 
the certificates of the election of State officers. 

§ 18. If any of the messengers shall be guilty of destroy¬ 
ing the certificates entrusted to their care, or wilfully doing 
any act that shall defeat the due delivery of them as directed 
by this act, he shall be punished by imprisonment in the State 
prison, at hard labor, for a term not less than three nor ex¬ 
ceeding five years; and if any person shall be found guilty of 
taking away from any of the said messengers, either by force 
or in any other manner, any such certificates entrusted to his 
care, or of wilfully doing any act that shall defeat the due de¬ 
livery thereof, as directed by this act, he shall be punished by 
imprisonment in the State prison at hard labor, for not less 
than two nor exceeding four years. 

§ 19. If any officer or messenger, on whom any duty is en¬ 
joined in this act, shall be guilty of any wilful neglect of suck 
duty, or of any corrupt conduct in the execution of the same, 
and be thereof convicted, he shall be deemed guilty of a mis¬ 
demeanor, punishable by fine not exceeding five hundred dol¬ 
lars, or imprisonment not exceeding one year. 

§ 20. The messengers employed or appointed under this act, 
shall receive for their compensation twelve cents per mile for 
travelling, to be audited by the Comptroller upon the certifi¬ 
cate of the Secretary of State. 


Article Third. 

Of the Formation and Proceedings of the Colleges of Elec^ 
tors. 


5 electors of president and vice-president shall 

convene at the capitol on the day preceding the first Wednes¬ 
day in December after their election; and those of them wha 
shall be so assembled at four o’clock in the afternoon ‘of that 
day, shall immediately after that hour proceed to fill, by bal¬ 
lot and by plurality of votes, all vacancies in the electoral 
college, occasioned by the death, refusal to serve, or neglect 
to attend at that hour, of any elector, or occasioned by an 
equal number of votes having been given for two or more 
candidates. 




39 


§ 22. The electoral college being thus completed, 
shall then choose a president and secretary from their own 
body. 

§ 23. The Secretary of State shall prepare three lists 
the names of the electors; procure to the same the signature of 
the Governor; affix thereto the seal of the state; and deliver 
them, thus signed and sealed, to the president of the college 
of electors, on or before the said first Wednesday in Decem¬ 
ber. 

^ 24. On the said first Wednesday in December, the elec-aa<j 
tors shall meet at the capitol, and then and there vote by bal- 
lot for president and vice-president, one of whom at least 
shall not be an inhabitant of the same state with themselves. 

They shall name in their ballots the persons voted for as pre¬ 
sident, and in distinct ballots the persons voted for as vice- 
president. 

§ 25. They shall make distinct lists of all persons voted List of votes, 
for as president, and of all persons voted for as vice-presi¬ 
dent, and of the number of votes for each, which lists they 
shall sign and certify, and after annexing thereto one of the 
lists received from the Secretary of State, they shall seal up 
the same, certifying thereon that lists of the votes of this 
state for president and vice-president are contained therein. 

5 26. The electors shall then, by writing under their hands, 
or under the hands of a majority of them, appoint a person 
to take charge of the lists so sealed up, and to deliver the 
same to the president of the senate at the seat of government 
of the United States, before the first Wednesday in January 
then next ensuing. 

§ 27. In case there shall be no president of the senate atH'sduo’ 
the seat of government on the arrival of the person entrusted 
with the lists of the votes of the electors, then such person 
is required to deliver the lists of votes in his custody, into the 
office of the secretary of state of the United States. 

^ 28. The electors are also required to forward forthwith, 
by the post office, to the President of the senate of the Uni¬ 
ted States, at the seat of government, and to deliver forth¬ 
with to the judge of the United States for the northern dis¬ 
trict of the State ofNew-York, similar lists, signed, annexed, 
sealed up, and certified in the manner aforesaid. 





40 


Pay of elec- ^ 29 , Every elector of this State for the election of a pre¬ 

sident and vice-president of the United States, who shall at¬ 
tend at any election of those officers, and give his vote at the 
time and place appointed by law, shall be entitled to receive 
for his attendance at such election, and for travelling to and • 
from his place of residence by the most usual route, the same 
sum as shall at the time be allowed by law to members of 
the legislature for their attendance and travel, to be paid in 
like manner. 

Article Fourth. 

Of the Election of Senators in Congress, 

When § 30. On the first Tuesday of February next, before the ex¬ 

piration of the time for which any senator was elected to re¬ 
present this State in congress, if the legislature shall be then 
in session, and if not, then within ten days after a quorum of 
both houses shall be assembled at the then next meeting of 
the legislature, an election shall be held for a senator in con¬ 
gress, at the place where the legislature shall be then sitting, 
in the room of such senator so going out of office. 

Vacancy. § 3 L Whenever the seat of any such senator shall become 
vacant before the expiration of the time for which he was 
elected, another senator shall be elected in his room within 
ten days after the legislature shall have notice of such vacan¬ 
cy, at the place where it shall be then sitting. 

How chosen. ^ 32. Such election shall be made by the legislature in the 
following manner: the senate and assembly shall each openly 
nominate one person for the office of senator in congress; after 
which they shall immediately meet, and if they shall agree in 
their nominations, the person so nominated shall be appointed 
to the office for which he shall be nominated; if they shall 
disagree, the election shall be made by the joint ballot of the 
senators and members of assembly. 

Whenever any senator shall be chosen as aforesaid, ’ 
copies of the resolutions of the senate and assembly, testify¬ 
ing such choice, signed by the president of the senate, and 
speaker of the assembly, shall be thereupon delivered to the 
person so chosen a senator, as evidence of such election. 




41 


TITLE VII. 

Penalty for violating the Provisions of this Chwpter, and for 
iniscondnct at Elections. 

§ 1. If any elector challenged as unqualified, shall be guil-^^^«®swear- 
ty of wilful and corrupt false swearing or affirming, in taking 
any oath or affirmation prescribed by this Chapter, such person • 

I ■ shall be adjudged guilty of wilful and corrupt perjury. 

§ 2. Every person who shall wilfully and corruptly procureit. 
any person to swear or affirm falsely as aforesaid, shall be ad¬ 
judged guilty of subornation of perjury ; and shall upon con¬ 
viction thereof, suffer the punishment directed by the law in 
cases of wilful and corrupt perjury. 

§ 3. If any officer on whom any duty is enjoined in this ^es^ect ©f i 
Chapter, or in any statute relating to elections, shall be guil¬ 
ty of any wilful neglect of such duty, or of any corrupt con¬ 
duct in the execution of the same, and be thereof convicted, 
he shall be deemed guilty of a misdemeanor, punishable by 
fine or imprisonment ; the fine in no case to exceed the sum 
I of five hundred dollars, nor the imprisonment the term of one 
I year. / 

i § 4. In case any inspector of election shall knowingly and 
wilfully permit or suffer any person to vote at any election, 
who is not entitled to vote thereat, the said inspector so of¬ 
fending shall on conviction thereof, be adjudged guilty of a 
misdemeanor, anyl shall be sentenced to pay a fine of five 
hundred dollars and be'imprisoned in the county jail for six 
months, [section 16 of chap. 240 of laws of 1847.] 

§ 5. [Sec. 4.] If any person shall, by bribery, menace, or Briber^', &c. 
other corrupt means or device whatsoever, either directly or 
indirectly, attempt to influence any elector of this State in 
giving his vote or ballot, or deter him from giving the same, 
or disturb or hinder him in the free exercise of the right of 
suffrage, at any election withili this State, held pursuant to 
this Chapter, and shall thereof be convicted, such person so 
offending and convicted, shall be adjudged guilty of a misde¬ 
meanor, and be fined or imprisoned, according to the discre¬ 
tion of the court before which such conviction shall be had ; 
such fine in no case to exceed five hundred dollars, nor such 
imprisonment one year. 







42 


S'ra^pTohi- § ^*1 officer or other person shall call out 

biied. or order any of the militia of this State, to appear and exer¬ 
cise on any day during any election to be held by virtue of 
this Chapter, or within five days previous thereto, except in 
cases of invasion or insurrection, he shall forfeit the sum of 
five hundred dollars for every such offence. 

Prc}ijbiiion. ^ 7. [Sec. 6.] It shall not be lawful for any candidate for 
any elective office, with intent to promote his election, or for 
any other person, with intent to promote the election of any 
such candidate, either, 

^ain.stcn- Jq provide or furnish entertainment at his expense, to 

tertaujiuents. 1 ^ ^ ^ ’ 

any meeting of electors, previous to, or during the election at 
which he shall be a candidate ; or, 

^ 2. To pay for, procure, or engage to pay for any such en¬ 

tertainment : or, 

3. To furnish any money or other property to any person, 
for the purpose of being expended in procuring the attendance 
of voters at the polls : or, 

•rouibuiing 4^ 'Po engage to pay any money, or deliver any property, 
or otherwise compensate any person for procuring the attend¬ 
ance of voters to the polls : or, 

ffo contribute money for any other purpose intended to 
promote an election of any particular person or ticket, except 
for defraying the expenses of printing, and the circulation of 
votes, handbills and other papers previous to any such elec¬ 
tion, or for conveying sick, poor or infirm electors to the 
polls. 

person shall fraudulently or deceitfully 
change or alter a ballot of any elector, nor shall furnish an 
elector any ballot containing more than the proper number of 
names, or cause any other deceit to be practiced with intent 
fraudulently to induce such elector to deposit the same as 
his vote, and thereby to have the same thrown out and not 
counted. 

pwiisbiBeni. ^ 9, [Sec. 8.] Every person offending against the provi¬ 
sions of this act shall be deemed guilty of a misdemeanor, 
punishable by fine not exceeding two hundred and fifty dollars,, 
or by imprisonment not exceeding six months. 

§ 10* [Sec. 9.] If any person shall wilfully disobey any 
lav^ful commands of the board of inspectors of any election, 


43 


or shall wilfully and without lawful authority, obstruct, hin¬ 
der or delay any elector on his way to any poll where an 
election shall be held, or while he is exercising or attempting 
to exercise the right of voting, or shall aid or assist in such 
obstruction or delay, he shall, on conviction, be adjudged 
guilty of a misdemeanor, and be fined in a sum not exceed¬ 
ing two hundred and fifty dollars, and may be imprisoned in 
the discretion of the court, for not more than six months. 

§ 11. [Sec. 10.] Any person wlio at any general or special 
election, or city or charter election, shall knowinp’ly vote 

. .... . ° for voting 

oflfer to vote in any election district in wdiich he does not re- 

^ . once, 

side, except as herein before provided, or who shall vote or 

offer to vote more than once at the same election, either in the 
same or in any other election district, shall, on conviction, be 
adjudged guilty of a misdemeanor, and punishable by fine not 
exceeding two hundred dollars, or by imprisonment not ex¬ 
ceeding six months, or by both, as the court may direct ; 
and section nineteen of Title six. Chapter one, of the fourth Repeia. 
Part of the Revised Statutes is hereby repealed. 

6 12. [Sec. 11.1 Every person who shall procure, aid, as- Procuring 

. , . 4.1 4 . ’ a* U* , illegal voters. 

sist, counsel or advise another to giye or oner his vote at 
any general, town, city or charter election, knowing that the 
person is not duly qualified to vote at the place where the 
vote is given or offered, shall on conviction, be adjudged 
guilty of a misdemeanor, and punishable as prescribed in the 
last preceding section of this Title. 

6 13. [Sec. 12.] Evefry person who shall procure, aid as- Procuring 

’ ' . , . nonresidents 

sist, counsel or advise another to go or come into any town, to come into 
ward or election district, for the purpose of giving his voteordisw'ictvo 
at any general, special, town or city election, knowing that^*^*^' 
the person is not duly qualified to vote in such town, or ward, 
or election district, shall, on conviction, be deemed guilty of a 
misdemeanor, and punishable as prescribed by the tenth sec¬ 
tion of this Title. 

§ 14. [Sec. 13.] Any person not duly qualified to vote un-Punishmeot. 
der the laws of this State, who shall knowingly vote or offer 
to vote at any general or special town or charter election in 
this State, shall be adjudged guilty of a misdemeanor, and 
on conviction shall be imprisoned for a period not exceeding 
six months, at the discretion of the court before which the 







44 


i^ito^anoth offcncc is tried. And any inhabitant of another state, or country, 
coumo'°'^ who shall vote or offer to vote at any general, special, town 
or city charter election in this State, shall be adjudged guilty 
of a felony, and on conviction, shall be imprisoned in the 
State prison, for a period not exceeding one year, at the dis¬ 
cretion of the court before which the offence is tried. And 
it shall be the duty of the district attorney in the county 
where the offence shall have been committed, to adopt effec¬ 
tual measures for the punishment of all persons, who, without I 
being legally qualified, shall vote or attempt to vote at any 
election in this State. 

o'relection, § [Sec. 14.] It shall be the duty of every inspector of 
itnice^ofor! elections, sheriffs, constables and justices of the peace within 
this State, knowing that an offence has been committed, under 
this act, or having good reason to believe that an offence has 
been committed, to give information thereof to the district 
attorney of the county in which the offence shall have been 
committed, whose duty it shall be to adopt effectual measures 
for the punishment of all persons violating the provisions of 
this act. 

[Sec. 15.] It shall be the duty of the presiding 
ly charged, judge of every court of general sessions of the peace or oyer 
and terminer within this State, specially to charge the grand 
jury at each term of said court, to take notice of all offences 
committed in violation of any of the provisions of this act. 

TITLE VIIL 
Miscellaneous provisions. 

Hamilton § 1. The county of Hamilton and the county of Fulton 
county. jointly elect one member of Assembly; and for all the 

purposes of this act, the county of Hamilton shall be deemed 
part of the county of Fulton. 

oispectors. § 2 . It shall be lawful for a majority of the inspectors of 
any election, held in pursuance of this Chapter, to execute all 
the trusts and duties required to be executed by the inspec¬ 
tors of any such election. 

ib. § 3. If a majority shall not be present on any day on 

which an election is held, the inspectors or inspector attend- 




45 


ing, shall appoint so many electors of the town, ward or dis¬ 
trict, to act as inspectors, as may be necessary to form a 
hoard. 

§ 4 . The persons so appointed shall take the constitutional^*’- 
oath, and continue to act until a majority of the inspectors 
shall attend. 

§ 5. No notice of an election, nor copy of the Governor’s 
proclamation shall in any case be directed to the clerk of a 
county, unless the office of sheriff of such county shall then 
be vacant, nor to the first judge unless the office of sheriff 
and clerk shall both be vacant. 

I 6. The accounts of the respective clerks of counties for 
I services performed, and expenses incurred by virtue of this 
I Chapter, shall be audited, levied and paid in like manner as 
i other contingent charges of such counties, 
i § 7. The clerks of the polls, shall severally be allowed oiie 
j dollar and twenty-five cents per day for their services under 
I this act. 

' § 8. Chapter six of the first Part of the Revised Statutes; Repeal. 

! the act entitled “ An act directing the manner of choosing 
' electors of President and Vice-President,” passed April 15, 

1829; the act entitled “ An act to preserve the purity of 
; elections,” passed May 5, 1829; and the eleventh, twelfth, 
thirteenth, fourteenth and seventeenth sections of the act 
entitled “ An act to preserve the purity of elections,” passed 
May 7, 1839; “ An act concerning elections in cities other 
than New-York,” passed May 26, 1841, and all other acts, 
and parts of acts inconsistent with the provisions of this act 
are hereby repealed; but such repeal shall not affect any 
act done or right accrued, or any proceeding, suit or prose¬ 
cution for any offence, or for the recovery of any penalty or 
forfeiture. 

§9. Sections seven, eiffht, nine and ten, of the act enti-Sections ap- 

^ ° ^ phcable. 

tied An act t?o preserve the purity of elections, passed 
May 7, 1839, shall be deemed applicable to elections for 
town officers only. 

§ 10. The Secretary of State shall cause this act to be This act to 

^ *' IV he published 

published in pamphlet form, and he shall cause such number iu^pamphiet 
of copies thereof, with the necessary forms and instructions 
as shall be sufficient to supply the several officers upon whom 





^Vhen to 
Uike efTect. 


S<ate 

dirided. 


First 

district. 


{Second 

district. 


Third 

district. 


Fourth 

district. 


Fiitii 

district. 


46 

% 

the duty is involved by tliis act, and shall cause the same tp 
be distributed to such officers at the expense of the State. 

§ 11. This act shall take effect on the first day of June 1 
next. 

§ 12. The secretary of State shall cause the act hereby 
amended, and as hereby amended, together with such sections , 
of the constitution as he shall deem expedient, to be publish- 1 
ed in a pamphlet form, and he shall cause such number of I 
copies thereof, with the necessary forms and instructions, as I 
shall be sufficient to supply the several officers upon whom 
the duty is devolved by this act and the act hereby ame.uded, 
and shall cause the same to be distributed to such officers at 
the expense of the State: And the sum of one thousand dol¬ 
lars is hereby appropriated to defray the expense of publica¬ 
tion and distribution aforesaid, to be paid out of the treasury 
on the warrant of the Comptroller. 

§ 13. This act shall take effect immediately, [sections 22 
and 23, of the act, chapter 240, of 1847.J 


AN AC r 

To divide the State into Congressional District.s. 

Passed September 6, 1842. 

The people of the State of J\"eiv-York represented in Sen¬ 
ate and Assembly, do enact as follows : 

§ 1. That for the election of representatives in congress of 
the United States, this State shall be and is hereby divided 
into thirty-four districts, namely: 

The counties of Suffolk and Queens shall compose the first 
district. 

The counties of Richmond and Kings shall compose the 
second. 

The First, Second, Third, Fourth and Fifth wards of the 
city and county of New-York shall compose the third dis¬ 
trict. 

The Sixth, Seventh, Tenth and thirteenth wards shall com-, 
pose the fourth district. 

The Eighth, Ninth and Fourteenth wards shall compose 
the fifth district. 


w. 





47 


Tlic Eleventh, Twelfth, Fifteenth, Sixteenth a'd Seven- 
teenth wards shall compose the sixth district. 

The counties of Westchester and Rockland shall compose 
the seventh district. 

The counties of Putnam and Dutchess shall compose the 
eighth district. 

The counties of Orange and Sullivan shall compose thej^^jjj’^^ 
ninth district. 

The oounties of Ulster and Delaware shall compose the 
tenth district. 

The counties of CoUvmhia nn-f CrtBene shall :omiva86 

^ district. 

eleventh district. 

The county of Rensselaer snail compose the twelfth dis- Twelfth 

. *' ^ district. 

trict. 

The city and count}" of Albany shall compose the thirteenth 

district. 

The counties of Washinjjton and Essex shall compose the To^irteenth 

® ^ di-itnet. 

fourteenth district. 

The counties of Warren, Franklin*, Clinton, and townships Fifteenth 
number fifteen, thirty-two, seven, four, five and forty-one of 
Totten and Crossfield’s puschase within the county of Hamil¬ 
ton, and all the territory in said county lying north of said 
townships, shall compose the fifteenth district; and all those 
parts of the said county of Hamilton shall, for all the purpo¬ 
ses of any general or special election of state and county 
officers, electors of president and vice-president, and represen¬ 
tatives in congress, be taken and deemed to be a part of the 
town of Long Lake in said county. 

The counties of Saratoga, Schenectady, Fulton, and that 
part of the county of Hamilton not included in district num¬ 
ber fifteen, shall compose the sixteenth district. 

The counties of Herkimer and Montgomery shall compose 
the seventeenth district. 

The counties of St. Lawrence and Lewis shall compose Eighteenth 

^ district. 

the eighteenth district. 

The county of Jefferson shall compose the nineteenth dis-Nineteenth 

*' ^ district. 

trict. 

The county of Oneida shall compose the twentieth dis-Twentieth 

- ^ distritit. 

trict. 





48 


7 'wenty-ftrsl 

riistrici. 


Twenty-se¬ 
cond district- 


Twenty- 
third district. 


Twemy- 
fourtli dis¬ 
trict. 

Twenty-fifth 

district. 


Twenty- 
sixth disuict. 


Twenty- 
seventli dis¬ 
trict. 

Twenty- 
eighth th.s- 
trict. 

Twenty- 
itinth district. 


Thirtieth 

district. 


Tiurty-first 

district. 


Thirty-se¬ 
cond district. 


Thirty-third 

district. 


Thirty- 
fourth dis¬ 
trict. 

One member 

tianvass in 
New-York 
ii JIamiJton. 


Meeting to 
appoint in¬ 
spectors of 
tleclion, &c. 


The counties of Otsego and Schoharie shall compose the 
twenty-first district. 

The counties of Chenango, Broome and Tioga shall com¬ 
pose the twenty-second district. 

The counties of Madison and Oswego shall compose the 
twenty-third district. 

The county of Onondaga shall compose the twenty-fourth 
district. 

The counties of Cayuga and Cortland shall compose the 
twenty-fifth district. 

The counties of Tompkins, Chemiin'^and Yates, shall com¬ 
pose the twenty-sixth district. 

The counties of Seneca and Wayne shall compose the 
twenty-seventh district. 

The county of Monroe shall compose the twenty-eighth dis¬ 
trict. 

The counties of Ontario and Livingston shall compose the 
twenty-ninth district. 

The counties of Steuben and Allegany shall compose the 
thirtieth district. 

The counties of Cattaraugus and Chautauque shall compose 
the thirty-first district. 

The county of Erie shall compose the thirty-second dis¬ 
trict. 

The counties of Wyoming and Genesee shall compose the 
thirty-third district. 

And the counties of Orleans and Niagara shall compose the 
thirty-fourth district. 

§ 2. Each district shall be entitled to elect one member. 

§ 3. In the city and county of New-York, and in the coun¬ 
ty of Hamilton, it shall be the duty of the board of canvas¬ 
sers of such county to specify in their statement of the votes 
given for Representatives in Congress, the number of votes 
given in each of the Congressional districts to which the se¬ 
veral portions of said county respectively belong, together 
with the names of the persons for whom such votes were 
given, and the number of votes given for each. 

§ 4. In all cases where the meeting required to be held in 
pursuance of An act respecting elections other than for 
militia and town officers,” passed April 5, 1842, by the su- 





49 


pen’isor, assessors and town clerk of the respective towns, 
and by the common council of the respective cities in this 
State, on the first Tuesday of September instant, has not been 
held on that day, it shall, instead of that day, be held on the 
first Monday of October next; and the same adjournments, 
notices, appointments of inspectors of election and other pro¬ 
ceedings may be had, under this amendment, as are required 
or authorised by the said act : Provided, that no adjournment 
shall extend beyond the fifteenth day of October next. 

§ 5, This act shall take effect immediately. 


CHAP. 241. 

AN ACT 

To divide the State into judicial districts. 

Passed May 8, 1847. 

The People of the State of JS*exc~1[ork^ represented in Senate 
and Assemblyy do enact as follows : 

§ 1. The State is liereby divided into eight judicial dis- state 
tricts, pursuant to the provisions of the fourth section of the 
sixth article of the constitution, which districts shall be 
arranged as follow^s: 

The first judicial district shall consist of the city and county First district, 
of New-York. 

The second judicial district shall consist of the counties of second dis- 
Richmond, Suffolk, Queens, Kings, Westchester, Orange, 
Rockland, Putnam and Dutchess. 

The third judicial district shall consist of the counties 
Columbia, Sullivan, Ulster, Greene, Albany, Schoharie and 
Rensselaer. 

The fourth judicial district shall consist of the counties of fourth dis- 
Warren, Saratoga, Washington, Essex, Franklin, St. Law¬ 
rence, Clinton, Montgomery, Hamilton, Fulton and Schenec¬ 
tady. 

The fifth judicial district shall consist of the counties of 
Onondaga, Oneida, Oswego, Herkimer, Jefferson and Lewis. 

The sixth judicial district shall consist of the counties of sixth district. 

4 





50 


fJeveath dis- 


Eighth dif- 
Irict. 


Boerd of 
canvassers, 
when aiid 
where to 
meet 


Canvass, 
when and 
bow to be 
made, &c. 


Otsego, Delaware, Madison, Chenango, Broome, Tioga, Che¬ 
mung, Tompkins and Cortland. 

The seventh judicial district shall consist of the counties of 
Livingston, Wayne, Seneca, Yates, Ontario, Steuben, Monroe 
and Cayuga. 

The eighth judicial district shall consist of the counties of 
Erie, Chautauque, Cataraugus, Orleans, Niagara, Genesee, 
Allegany and Wyoming. 

§ 2. This act shall take effect immediately. 


CHAP. 33 1. 

AN ACT 

To amend An act for the partial organization of 
the county of Hamilton, and for other purposes, 
passed April 22, 1837. 

Passed May 7, 1844. 

The People of the State of JSTew-York, represented in Se^ 
natc and Assembly, do enact as folloics : 

§ 1. The second section of article one of fifth title of chap¬ 
ter six of part first of the Revised Statutes, is hereby amend¬ 
ed so as to read as follows: They shall meet at the office 
of the county clerk on the Tuesday next following the elec¬ 
tion, before one o^clock in the atternoon of that day, in all 
the counties of this State, except the county of Hamilton, 
which shall meet on the first Friday next following said elec¬ 
tion, and shall choose one of their number as chairman. 

§ 2. It shall be the duty of the board of canvassers in the 
county of Hamilton, to canvass all votes given in said county 
in the same manner as though the said county was fully orga¬ 
nized; and the said board of canvassers shall, after they have 
thus canvasseil, transmit to the county clerk of the county of 
Fulton, a statement and certificate of all the votes for the 
office of governor, lieutenant-governor, senators, representa¬ 
tives in congress, and electors and members of assembly, or 


5i 

either of thero, under their signatures, anil to be certified by 
the county clerk, with his seal of office, and which shall be 
sent to the county clerk’s office in the county of Fulton, on 
or before the first Tuesday next following such election, by 
some person to be designated and appointed by the board of 
canvassers of the county of Hamilton. 

§ 3. It shall be the duty of the county clerk and the board 
of canvassers of the county of Fulton, to receive and canvass f'anvasaeit 

. I 1 • 1 FuUoa 

the votes thus transmitted to them, in the same manner ascouaty. 
though each town in the county of Hamilton had sent its 
canvasser with the canvass. 


gTATE OF NEVV-YORK, 

Secretary’s Office. 

AJhany May 10, 1847. 

I certify, that the preceding laws, to wdt: “An act respect¬ 
ing elections other than for militia and town officers,” passed 
April 5, 1842, as amended by the act chapter 240 of the 
laws of 1J47; “An act to divide the State into congressional 
districts,” passed September 6, 1842; “An act to divide the 
State into judicial districts,” passed May 8, 1847; and “An 
act to amend an act for the partial organization of the county 
of Hamilton, and for other purposes, passed April 22, 1837,’^ 
passed May 7, 1844, are true copies of the original laws on 
file in this office. 

N. S. BENTON, 
Sec^y of State. 






52 


CHAP. 276. 

AN ACT 

To provide for the election of certain judicial and 
other officers, and to fix their term ol* office, 

. Passed xMay 12, 1847. 

The People of the State of JVeio~York, represented in Senate 
and Assembly^ do enact as follows : 

rrrsrt SECTION 1. The first election of judges of the Court of 

IS?rt"ofap. justices of the Supreme Court, the county judges 

peals. in the respective counties, (the city and county of New-York 
excepted,) the district attorneys of the respective counties, and 
all other judicial officers, whose election shall be provided for 
by this act, shall be elected on Monday the seventh day of 
June next. 

elected a separate officer to perform 
•tecied, the duties of the office of surrogate in each of the counties of 
this State, (except New-York,) having a population exceed¬ 
ing forty thousand, in which such separate officer shall be 
determined upon, as hereinafter provided for. 
lUforderg to § 3. There shall be elected by the electors of each of the 
anthecities cities of this State, (except the city and couniy of New- 
weptNew- which the office of recorder existed on the thirty- 

first day of December, eighteen hundred and forty-six, one 
recorder, who shall hold his office for four years from the 
first day of January next ; and the respective recorders who 
shall be in office at the time this act shall take effect, (ex¬ 
cept in the city and county of New-York,) shall continue such 
recorders until the first day of January next ; and all such 
office. recorders as shall hereafter be elected, shall hold their office 
for four years from and after the first day of January suc¬ 
ceeding their election. 

B^tore. § 4. It shall be the duty of the inspectors of election, in. 
recorder, such cities as shall elect a recorder, to provide a separate box;, 
and the name of the person voted for,* for the office of re¬ 
corder, shall be on one ballot, which shall be endorsed ‘Tity,’^ 
and shall be deposited in the said box. 


53 


0 


§ 5. The names of all other persons voted for by any elect- Bor to bo 
-or at any election, as provided tor by this act, shall up n 
one ballot, nhich shall be endorse<l “ Judici ry,” and which 
ballots shall be received and deposited by the board of in¬ 
spectors of elections, in a separate box kept for that purpose; 

.and in all other rt*sp€cts, all the provisions of the Constitu¬ 
tion* and laws respecting the qualifications, disabilities, and 
privileges of electors, and manner of voting, and of conduct- ^ 

ing the elections at a general election, shall be applicable to 
the election of the officers specified in this act. 

§•6. All laws relating to general elections shall be deemed General 
to apply to the election authorized by this act, so far as theclbil.^ • 
same shall be applicable, but such notice of said election shall 
be given and published as soon as may be, after the passage 
of this act, and until such election; and no such election shall be 
invalid by reason of the omission to give any such notice. 

§ 7. The board of State canvassers shall meet at the office Duty of state 
of the Secretary of State, in city of Albany, on the twenty- 
second day of June next, to canvass and determine the elec¬ 
tion of judges and clerk of the Court of Appeals, and of the 
justices of the Supreme Court, and shall be composed of the 
same persons as now provided by law ; and shall be author¬ 
ized and empowered to adjourn from time to time, in like 
c^es, and in the same manner as now directed by law. 

§ 8. In all cases where any county in this Slate, (except Duty or 
the city and county of New-York,) shall have a population perviapriu 
exceeding forty thousand, the board of supervisors therein, at 
any meeting of such board, may, by a resolution thereof, pro- , 

vide for the election of an officer other than the county jinige, 
v/ho shall perform the duties of the office of surrogate therein. 

§ 9. Such resolution shall be immediately delivered by the Resolution 
clerk of the board of supervisors to the county clerk, whose coiSty^'^ ^ 
duty it shall be to file the same in the offiice of the clerk ofSU."* 
such county, and keep the same as a part of the records 
thereof. 

§ J0. Within ten days after such resolution shall be filed Also trans- 
in the office of any such county clerk, he shall transmit to c.ctary or 
the Secretary of State, to be filed and kept in his office; a 
copy of such resolution duly certified by him. 






64 


’The boards of supervisors in the several counties of 
this State, (except New-York,) shall meet at the office of the 
gJ^May, clerk in their respective counties, on the twenty-fifth 

Tofizseia* of May instant. When so convened, they shall fix the 
salary of the county judge, and in the proper counties, of the 
separate officer elected to perform the duties of the office 
inwrtfun ^f Surrogate. They shall also, at the same meeting, in 
those countics having a population exceeding forty thousand, 
determine whether the office of county judge and surrogate 
shall be separate, and if separate, they shall fix the salary of 
Not to apply separate officer. But this section shall not apply to 
counties having a population less than forty thousand, the 
board of supervisors whereof have already fixed the salary of 
the county judge ; nor to those counties having a population 
exceeding forty thousand, the boards of supervisors whereof 
have already determined whether to have a separate officer 
as aforesaid, and have fixed the salary of said officer, if such 
separate officer shall have been determined upon, and shall 
have fixed the salary of the county judge ; and the act of the 
board of supervisors fixing the salary of a separate officer to 
perform the duties of the office of surrogate in any county ia 
which said officer shall be elected by the Constitution and the 
provisions of this act is hereby confirmed, and shall be deem¬ 
ed as valid, as if the same had been fixed in pursuance of 
this act. 

When conn- § 12. The separate officers electe<l to perform the du- 
ties of the office of surrogate, and the local officers to dis- 
^ler upon charge the duties of county judge and of surrogate, and elect- 
iheirduues. election provided fur in this act, shall enter upon 

their duties on the first Monday of July next, and hold their 
offices for the term of four years from the first day of January 
next j and after the expiration of the term of office of those 
first elected, the term of office of said officers shall be four 
years. 

When office § 13. Whenever the office of county judge shall be vacant 
in a county, having a population exceeding forty thousand, 
SSLu the board of supervisors of that county, if there be a separate 
officer to perform the duties of the office of surrogate in said 
county, may resolve that there shall be no such officer in said 
county ; and thereupon, the office of such officer shall be 


65 


deemed vacant and abolished from the time that the office of 
county judge shall be filled ; or, if there be no such officer, When board 
said board may resolve that there shall be such officer in such sors may ro- 
counly, in which case, such officer shall be elected at the a surrogate, 
time and in the manner, in all respects, that the county judge 
in said county shall be elected ; and said board may, at any 
such meeting, alter the salary of the county judge, and fix 
the salary of such separate officer. 

§ 14. Separate officers elected to perform the duties of the separate 
office of surrogate, under the fourteenth section of article six denominated 
of the Constitution, shall be denominated ‘‘surrogate ” ofgaie.’» 
their respective countits. 

§ 15. The clerk of the Court of Appeals, before entering cierk of the 
upon the duties of his office, shall execute a bond to the peo-^^sto^« 
pie of this State, in the penalty of twenty-five thousand dol¬ 
lars, with two sufficient sureties, to be approved by the Comp¬ 
troller, and conditioned for the faithful performance of the 
duties of his office. Such bond shall be filed in the office of 
the Comptroller of this State ; and if such bond shall become 
forfeited by a breach of its condition, the Supreme Court 
shall, by an order entered by that court, direct it to be prose¬ 
cuted, and the money recovered shall be applied under the di¬ 
rection of said court for the indemnity of the persons aggriev¬ 
ed by such breach, in proportion to their respective losses, 

§ 16. This act shall take effect immediately, 


STATE OF NEW-YORK, > 

Secretary’s Office. ) 

I have compared the preceding with an original law on 
file in this office, entitled “ An act to provide for the election 
of certain judicial and other officers, and to fix their term of 
office,” and do. certify that the same is a correct transcript 
therefrom, and of the whole of said original, 

N. S. BENTON, 
Secretary of State, 


Alhawy, May 13, 1847. 







ASSEMI3LY. 


SECTION FIVE, OF. A RTICLE THREE, OF THE CONSTITUTION I 

To which is annexed a List of the Assembly Dirtricts into 
which counties have been divided by the supervisors, 

Meraberaof Section 5. The members of Assembly shall be appor:ioned 

asaembly to . 

^appor- among the several counties ot this State, by the Legislature, 
as nearly as may be, according to the number of their respec¬ 
tive inhabita:ts, excluding aliens, and persons of color not 
taxed, and shall be chosen by single districts. 

Supervisors The Several boards of supervisois in such counties of this 

eomities into State, as are now entitled to more than one member of As- 

assembly 

districts. sembly, shall assemble on the first Tuesday of January next, 
and divide their respective counties into Assembly districts 
eijual to the number of members of Assembly to which such 
counties are now severally entitled by law, and shall cause to 
be filed in the offices of the Secretary of State and the clerks 
of their respective counties, a description of such Assembly 
districts, specifying the number of each district and the popu¬ 
lation thereof, according to the last preceding State enumera¬ 
tion, as near as can be ascertained. Each Assembly district 
shall contain, as nearly as may be, an equal number of in- 
habitant-s excluding aliens and persons of color not taxed, and 
' shall consist of convenient and contiguous territory; but no 
town shall be divided in the formation of Assembly dis¬ 
tricts. 

Members to The Legislature, at its first session after the return of every 

bere-appof- . , ,• i t . 

tioned. enumeration, shall re-apportion the members ot Assembly 
among the several counties of this State, in manner aforesaid, 
and the boards of supervisors in such counties as may be en¬ 
titled, under such re-apportionment, to more than one member, 


57 


shall assemble at such time as the Legislature making such re¬ 
apportionment shall prescribe, and divide such counties into As¬ 
sembly districts, in the manner herein directed; and the 
tionment and districts so to be made, shall remain unaltered 
until, another enumeration shall be taken under the provisions 
of the preceding section. 

Every county heretofore established and separately organ-Each^oi^fir 
ized, (xccpt the au iy of Hamilton, shall always be entitled o«emember 
to one member of the Assembly, and no new county shall mJtou. 
be hereafter erected, unless its population shall entitle it to a 
member. 

The county of Hamilton shall elect with the county of Ful-Eai^-^ton*® 
ton, until the population of the county of Hamilton shall, Fuitoa. 
according to the ratio, be entitled to a member. 




assembly districts. 


ALBANY CITY AND COUNTY.—(4 Districts.) 

First District. —1st ward of the city of Albany; 2d ward of the city of 
Albany; towns of Bethlehem, Coeymans, Westerlo, Rensselaerville^ 

Second District. —10th ward of the city of Albany; towns of Guilder- 
land, New Scotland, Knox, Bern. 

J^rd District. —3d ward of the city of Albany ; 4th do ; 5ih do ; 6th 
do ; 8ih do. 

Fourth District. —7ih ward of the city of Albany; 9th do; town of 
Watervliet. 


ALLEGANY COUNTY.—(2 Districts.') 

First District .—Towns of Centerville, Hume, Granger, Grove, Ossian, 
Bushford, Caneadea, Allen, Birdsall, Burns, New Hudson, Belfast, 
Angelica, 

Second District.—Towm of West Almond, Almond, Alfred, Amity, An¬ 
dover, Independence, Cuba, Friendship, Clarksville, Wirt, Genesee, 
Bolivar, Scio, 


BROOME COUNTY.—(1 District.) 


CATTARAUGUS COUNTY.—(2 Districts.) 

First District ,—Towns of Ashford, Ellicottville, Carrolton, Burton, 
Humphrey, Franklinville, Machia^ Yerkshire, Freedom, Farmers- 
vilie, Lyndon, Rice, Hinsdale, Clean, Portville, 

Seconl District .—^Towns of Great Valley, Lillie Valiev, Mansfield, Otto, 
Persia New Albion, Napoli, Coldspring, Randolph, Oonnewango, 
Leon, Dayton, Perrysburgh. 






69 


CAYUGA COUNTY.—(3 Districts.} 

First District .—Towns of Steiling, Victory, Ira, Conquest, Cato, MentZo 

Second District .—Towns of Brutus, Sennett, Aurelius, Auburn, Owasco, 
Fleming, Springport. 

Third District .—Towjis of Ledyard, Scipio, Niles, Venice, Moravia, 
Sempronius, Genoa, Locke, Summer Hill, 


CHAUTAUQUE COUNTY.—(2 Districts.} 

JF\rst District .—Towns of Pomfret, Sheridan, Hanover, Villenova_, Ark¬ 
wright, Charlotte, Cherrycreek, Ellington, Gerry, Poland, Eilicott, 
Carroll. 

Second District .—Towns of Portland, Stockton, Ellery, Busti, Harmony, 
Westfield, Chautauque, Ripley, Mina, Sherman, French Creek, 
Ciymer, 


CHEMUNG COUNTY.—(1 District.} 


CHENANGO COUNTY.—(2 Districts.} 

First District .—Towns of Columbus, Lincklaen, Norwich, New Berlin, 
Otselic, Pharsalia, Pitcher^ Plymouth, Smyrna, Sherburne. 

Second District .—Towns of Bainbridge, Coventry, German, Guilf.rd, 
Greene, Macdonough, Oxford, Preston, Smiihville. 


CLINTON C0UNTY.-<1 District.} 


COLUMBIA COUNTY.—(2 Districts.} 

First District .—Hudson city, 1st and 2d wards; towns of Greenport, 
Claveraok, Livingston, Taghkanick, Copake,Germantown,Clermont, 
Gallatin, Ancram. 

Seemd District .—Towns of New Lebanon, Canaan, Chatham, Kinder- 
hook, Stuyvesant, Stockport, Ghent, Ausler.i:z, Hillsdale. 











€0 


CX)RTLAND COUNTY.—(I Districl.) 


DELAWARE COUNTY*-~(2 Districts.) 

First District .—Towns of Colchester, Franklin, Hamden, Hancock, 
Masoiiville, Sidney, Tompkins, Walton, Delhi. 

Second District .—Towns of Andes, Bovina, Harpersfield, Kortright, 
Meredith, Middletown, Stamford, Davenport, Roxbury. 


DUTCHESS COUNTY.—(3 Districts.) 

First District .—Towns of Fishkili, Beekrnan, Pawlings, Dover, Union 
Vale, La Grange. 

Second District .—Towns of Poughkeepsie, Pleasant Valley, Hyde Park, 
Clinton. 

Third District .—Towns of Washington, Arnenia, Stanford, North East, 
Pine Plains, Milan, Rhinebeck, Red Hook. 


ERIE COUNTY.—(4 Districts.) 

First District .—City of Buffalo, 1st, 2d, Sd and 5ih wards. 

Second District .—City of Buffalo, 4th ward ; towns of Black Bock, Tone- 
wanda, Amherst, Clarence. 

Third District .—Towns of Newstead, Chicktawaga, Hamburgh, Auro¬ 
ra, Wales, Alden, Lancaster. 

Fourth District .—Towns of Evans, Eden, Boston, Colden, Holland, 
Sardinia, Concord, Collins, Biant. 


ESSEX COUNTY.—(1 District.) 


FRANKLIN COUNTY.—(1 District.) 







61 


FULTON AND HAMILTON COUNTIES.—<1 District.^ • 


GENESEE COUNTY.—(2 Districts.) 

First District. —Towns of Alabama, Alexander, Batavia, Darien, Elba, 
Oakfield, Pembroke. 

Second District. —Towns of Beroren, Bethany, Byron, Le Roy, Pavilion, 
Stafford. ^ 


GREENE COUNTY.—(2 Districts.) 

First District. —Towns of Athens, Catskill, Cairo, Hunter, Lexington. 

Second District. —Towns of Coxsackie, Durham, Greenville, New Balti” 
more, Prattsville, Windham. 


H'.RKIMER COUNTY. -{2 Districts.) 

First District. —Towns of Fairfield, Her rimer, Little Falls, Manheim, 
Newport, Norway, Ohio, Russia, Sal isbury, Wilmurt. 

Second District. —Towns of Columbia, Danube, Frankfort, German 
Flails, Litchfield, Schuyler, Stark, Warren, Winfield. 


JEFFERSON COUNTY.—(3 Districts.) 

First District. —Towns of Watertown, Henderson, Adams, Eliisburgh, 
Lorraine, Rodman, Hounsfield. 

Second District. —Towns of Rutland, Champion, Wilna, Philadelphia^ 
Antwerp, Le Ray, Theresa, Alexandria. 

Third District. —Towns of Brownville, Lyme, Orleans, Clayton, Parae- 
lia. 


KINGS COUNTY.—(3 Districts.) 

First District. —Brooklyn city, 8th and 9th wards; towns of Williams- 
burgh, Bushwick, Flatbush, Flatlands, Gravesend, New Utrecht* 










62 


Secomd District, —Brooklyn city, 1st, 2d, 3d and 6th wards. 
Third District. —Brooklyn city, 4th, 5th and 7th wards. 


LEWIS COUNTY.—<1 District,) 


LIVINGSTON COUNTY.—(2 Districts.) 

First District, —Towns of Avon, Caledonia, Lima, Livonia, Geneseo, 
Groveland, Leicester, York. 

Second District. —Towns of Mount Morris, Sparta, West Sparta, North 
Dansville, Springwater, Conesus, Nunda, Portage. 


MADISON COUNTY.--(2 Districts.) 

First District. —Towns of Dt Ruyter, Nelson, Eaton, Georgetown, Le¬ 
banon, Madison, Hamilton, Brookfield. 

Second District. —Towns of C izenovia, Sullivan, Lenox, Fenner, Smith- 
field, Stockbridge. 


MONROE COUNTY.—(3 Districts.) 

First District. —Towns of Brighton, Henrietta, Irondequoit, Mendon^ 
Penfield, Perrinton, Pittsford, Rush, Webster. 


Second District. —The city of Rochester. 

Third District. —Towns of Clarkson, Chili, Gates, Greece, Ogden, Par¬ 
ma, Riga, Sweden, Wheatland. 


MONTGOMERY COUNTY.—(2 Districts.) 

First District. —Towns of Amsterdam, Mohawk, Florida, Glen, Charles¬ 
ton. 

SecoTii District. —Towns of Palatine, St. Johnsville, Minden, Canajo- 
harie. Root. 







63 


NEW-YORK CITY AND COUNTY.~-(16 DutriaH.) 
First District. —1st and 2d wards. 

Second District. —3d and 6th wards. 

Third District. —4th ward. 

Fourth District. —5th ward. 

Fifth Distl'ict. —7th ward. 

Sixth District. —Sth ward. 

S€V€?ith District. —9th ward. 

Fighth District. —10th ward. 

Ninth District. —11th ward. 

Tenth District. —12th ward. 

Eleventh District. —13th ward. 

Twelfth District. —14th ward. 

Thirteenth District. — 15th ward. 

Fourteenth District. —16th ward. 

Fifteenth District. — 17th ward. 

Sixteenth District .—18th ward. 


NIAGARA COUNTY. 
(No return received from this county.) 


ONEIDA COUNTY.—(4 

First District .—Towns of New-Hartford, Utica city, Whiteetowo. 

I Second District .—Towns of Augusta, Bridgewater, Kirkland, Marshall, 
Sangerfield, Paris, Vernon, Westmoreland. 

Third District .—Towns of Annsville, Camden, Florence, Rome, Vero¬ 
na, Vienna. 

Fourth District .—Towns of Ava, Boonville, Deerfield, Floyd, Lee, 
Marcy, Rernsen, Steuben, Trenton, Western. 








64 


ONONDAGA COUNTY—{4 Districts.) 

First District. —Towns of Camillus, Clay, Elbridge, Lysander, Van 
Buren. 

Second District. —Towns of Marcellus, Onondaga, Otisco, Skaneatelea, 
Spafford, Tully. 

Third District. —Towns of Cicero, Salina. 

Fourth District. —Towns of DeWitt, Fabius, Lafayette, Manlius, Pom- 
pey. 


ONTARIO COUNTY.—(2 Districts.) 

First District. —Towns of Seneca, Gorham, Hopewell, Phelps, Man¬ 
chester, Farmington. 

Second District. —Towns of Victor, East Bloomfield, West Blcomfield, 
Richmond, Canadice, Bristol, South Bristol, Naples, Canandaigua. 


ORANGE COUNTY.—(3 Districts.) 

First District. —Towns of Newburgh, New-Windsor, Montgomery, 
Crawford. 

Second District. —Towns of Cornwall, Bloomingrove, Hamptonburgh^ 
Goshen, W'allkill, Chester. 

Third District. —Towns of Monroe, Warwick, Minisink, Deerpark, 
Mount Hope. 


ORLEANS COUNTY.—(I District.) 


OSWEGO COUNTY.—{2 Districts.) 

First District. —Towns of Granby, Oswego, Schroeppe), Volney, Han¬ 
nibal, New-Haven, Scriba. 

Second District. —Towns of Albion, Boylston, Greenboro, Mexico, Pa¬ 
lermo, Redfield, Sandy Creek, West Monroe, Amboy, Conslantia, 
Hastings, Onveli, Parish, R;chland, Williamstown. 






65 


OTSEGO COUNTY.—(3 Districts.) 


First District.—To^ns of Cherry Valley, Springfield, Middlefield, De¬ 
catur, Westford, Worcester, Maryland. 


Second District.—Towns of Otsego, Exeter, Richfield, Plainfield, Bur¬ 
lington, Hartwick, Edmeston, New-Lisbon. 

Third District.—Towns of Milford, Oneonta, Otego, Unadilla, Butter¬ 
nuts, Laurens, Pittsfield. 


PUTNAM COUNTY.—(1 District.) 


QUEENS COUNTY.—(1 District.) 


RENSSELAER COUNTY.—(3 Districts.) 

First District .—Troy city; eight wards. 

Second District .—Towns of Lansingburgh, Scaghticoke, Pittstown, 
Hoosick, Grafton, Petersburgh, Berlin. 

Third District .—Towns of Brunswick, Greenbush, Schodack, Sand 
Lake, Nassau, Stephentown. 


RICHMOND COUNTY.—(1 District.) 


ROCKLAND COUNTY.—(1 Distrid.) 

I 

I " ' 

1 ST. LAWRENCE COUNTY.—(3 Districts.) 


First District .—Towns of DePeyster, DeKalb, Fowler, Gouvemeur, 
Hammond, Macomb, Morristown, Oswegatchie, Pitcairn, Rossie. 

Second District .—Towns of Lisbon, Madrid, Norfolk, Canton, Russell, 
Herraon, Fine, Edwards, Pierrepont. 

6 












66 


Third District .—Towns of Brasher, Massena, Potsdam, Stockholm, 
Lawrence, Hopkinton, Colton, Parishville, Louisville. 


SARATOGA COUNTY.—(2 Districts.) 

First District .—Towns of Ballston, Charlton, Clifton Park, Galway, 
Halfmoon, Malta, Milton, Stillwater, Waterford. 


Second District .—Towns of Corinth, Day, Edinburgh, Greenfield, Had¬ 
ley, Moreau, Northumberland, Providence, Saratoga, Saratoga 
Springs, Wilton, 


SCHENECTADY COUNTY.—(1 District.) 


SCHOHARIE COUNTY.—(2 Districts.) 

First District .—Towns of Esperance, Wright, Schoharie, Middleburgh, 
Broome, Blenheim, Conesville. 

Second District .—Towns of Carlisle, Sharon, Seward, Cobleskill, Ful¬ 
ton, Summit, Jefferson. 


SENECA COUNTY.—(1 District.) 


STEUBEN COUNTY.—(3 Districts.) 

First District.—-Tovfm of Bath, Wheeler, Prattsburgh, Pulteney, Ur- 
bana, Wayne, Tyrone, Reading. 

Second District .—Towns of Woodhull, Cameron, Thurston, Addison, 
Bindley, Erwin, Campbell, Bradford, Orange, Hornby, Painted 
Post, Caton. 

hirl D istrict .—Towms of Cohocton, Avoca, Dansville, Howard, Hor- 
nellsville, Hartsville, Canisteo, Jasper, Greenwood, Troupsburgh, 
West Union. 








f 


67 

SUFFOLK COUNTY.—(2 Distrias.) 

First Distxict. —Towns of East Hampton, South Hampton, Shelter la- 
land, Southold, Riverhead. 

Second District. —Towns of Brookhaven, Smithtown, Huntington, 


SULLIVAN COUNTY.—(1 District.) 


TIOGA COUNTY.—(1 District.) 


TOMPKINS COUNTY.—(2 Districts.) 

First District. —Towns of Lansing, Ulysses, Hector, Enfield, Ncvrfield. 

Second District. —Towns of Groton, Dryden, Ithaca, Caroline, Danby. 


ULSTER COUNTY.—(2 Distrias.) 

First District. —Towns of Saugerties, Woodstock, Olive, Shandakeii, 
Hurley, Marbletown, Rochester, Wawarsing. 

Second District. —Towns of Kingston, Esopus, Rosendale, Lloyd, New 
Paltz, Marlborough, Plattekill, Shawangunk. 


WARREN COUNTY.—(1 Distria,) 


WASHINGTON COUNTY.—(2 Districts.) 

First District. —Towns of Argyle, Cambridge, Easton, Fort Edward, 
Greenwich, Jackson, Salem, White Creek. 

Second District.—-Towns of Dresden, Fort Ann, Granville, Hampton, 
Hartford, Hebron, Kingsbury, Putnam, Whitehall. 












WAYNE COUNTY.—(2 Disiridi.) 

First District ,of Butler, Galen, Huron, Lyons, Rose, Sodus, 
Savannah, Wolcott. 

Second District ,—Towns of Arcadia, Macedon, Marion, Ontario, Pal- 
^ myra, Walworth, Williamson. 


WESTCHESTER COUNTY.—(2 Districts.) 

First District ,—Towns of Bedford, Cortlandt, Lewisboro, New Castle, 
North Salem, Ossining^, Poundridge, Somers, Yorktown. 

Second District .—Towns of East Chester, Greenburgh, Harrison, 
Mount Pleasant, Mamaroneck, North Castle, New Rochelle, Pel¬ 
ham, Rye, Scarsdale, Whiteplains, Yonkers, West Chester, West 
Farms. 


^ WYOMING COUNTY.—(1 District.) 


YATES COUNTY.—(1 Distnct.) 


STATE OF NEW-YORK, ) 
Secretary’s Oefice. ) 

I certify the preceding to be a correct transcript of the fifth section of 
the third article of the Constitution of this State, to which is annexed 
a list of the Assembly Districts, into which counties entitled to more 
than one member of Assembly have been divided by the respective 
boards of supervisors, copied from and compared with the returns re¬ 
ceived at this office. 


Albany, May 10, 1847. 


N. S. BENTON, 

Secretary of State. 






FORMS ANI) INSTRUCTIONS 

Of the Secretary of State. 


Made in pursuance of section 10 of Title VIII of the act entitled 

An act respecting elections other than for militia and town offi¬ 
cers.’’ Passed April 5,1842, and of section 22 of the act chap. 240 
of the laws of 1847. 

Election Duiricts, 

The State having already been divided and organized into elec¬ 
tion districts under former instructions, little need be said on that 
subject. 

The town officers are required to meet each year at the town clerk’s 
office on the first Monday of October, at ten o’clock in the forenoon 
and form a board, in order to determine whether any alteration in 
the existing districts is necessary. They may make alterations sub¬ 
ject to the reslriclicns and limitations contained in the 15th section 
of Title III, Art. 3. They must make a certificate of such altera¬ 
tions, exhibiting the districts as altered and their respective numbers, 
which must be filed in the town clerk’s office. Such alteration how¬ 
ever, will not take effect until after the then next general election, 
except in case of the erection or division of a town, in which case 
it will take effect immediately. [Title III, Art. 3, ^16.] 

When a new town is formed, the supervisor, town clerk and as¬ 
sessors therein, must meet at the town clerk’s office on or before the 
first Tuesday in September preceding the first general election, and 
divide thesarrn into election districts. In performing this duty the 
same proceed, gs in all respects must be adopted as were had on or¬ 
ganizing tdc isting towns into election districts, except in one par¬ 
ticular. [ j 





70 


In the appointment of inspectors, the town officers by §18 were 
authorized to select, among others, from the commissioners of com¬ 
mon schools. The office of commissioner of common schools having 
been abolished by law, the selections must be made from the other 
descriptions of officers enumerated in the 18th section, and in all 
other respects, the proceedings to be had in organizing a new town 
into election districts must be identical with those which were had 
in organizing the existing towns into election districts. 

At each annual town meeting to be held in the seveial tow'ns in 
this State, and at each annual charter election in the several cities of 
this State, the electors are to vote by ballot on the same ticket with 
other town or charter officers for two electors residing in each elec¬ 
tion district of such town or city ; and the two wffio receive the great¬ 
est number of votes are to be two of the inspectors of all elections 
held therein during the year. Immediately after the canvassing of the 
votes, the presiding officers of the town or charter election must ap¬ 
point by writing, signed by a majority of such board of presiding 
officers, another inspector of election for each election district in the 
town or city, to be associated with the two who are elected, and who 
is to be an inspector of all elections held in his election district dur¬ 
ing the year. The inspector thus appointed must be one of the tw’O 
candidates voted for who shall have the highest number of votes 
next to the two inspectors in such election district who have been 
elected. (No ballot for inspectors containing more than two names 
can be counted or estimated ; but such an excess of names for in¬ 
spectors would not vitiate the remainder of the ballot for charter or 
town officers.) [Title HI. Art. 3, § 21.J 

The object of the above provision is to secure to the political party 
which is in the minority in any city or town, one inspector ef elec¬ 
tion in each election district. The minority will thus be represented 
at every poll in the State. And if the intent of the law is faithfully 
executed, the effect will probably be to repress partialities and frauds 
whicff might otherwise occur ; and, at any rate, to prevent or dimin¬ 
ish imputations of misconduct against the boards of inspectors ; and 
thus, in some measure, to mitigate political asperity. 


71 


No. 1. 

Notice from the Sheriff to the Supervisor or to an Assessor of each 
Town or Ward in his county. Tit, ///, ,drt, 3, § 14. 

SIR 

A general election is to be held on the day of November 

next, at which are to be elected the officers mentioned in the annex¬ 
ed copy of a notice from the Secretary of State, of which notice is 
hereby given to enable you to notify the inspectors of election in 
each election district of your town (or ward) to meet as required by 
law to make the necessary arrangements for holding the said election. 

A. B. Sheriff of 
the county of 

To C. D. Esqr. supervisor (or one of the \ 
assessors) of the town of (or of > 

the ward of the city of .) ) 

[To this must be annexed a copy of the notice from the Secretary 
of State.] 

If a special election be ordered by a proclamation of the Governor, 
or by a board of canvassers, the notice will be varied, by substituting 
special election ” for “ general election and saying the ‘‘ officers 
mentioned in the annexed copy of a proclamation of the Governor,*’ 
or the annexed copy of an order of the board of canvassers of the 
the county of •” 


No. -i. 

Form of notice to be published by the Sheriff in the newsp rpers ,— 
Title in, Art, 3, § 14. 

Election Notice. 

A general (or special) election is to be held in the county of 
on the day of November next, at which will be chosen the 

officers mentioned in the notice from the Secretary of State, (or in 
the order from the board of canvassers, or in the proclamation of 
the Governor, as the case may be,) of which a copy is annexed. 

Dated at this day of ) 

in the year 18 . ) 

A. B. Sheriff, 

[Copy of the notice from the Secretary of State, or board af can¬ 
vassers, or of the proclamation of the Governor, as the case maybe, 
to be subjoined.] 






72 


[^Cj^The above “election notice” must be published in all the 
public newspapers printed in the county, once in each week, from 
the date of the notice until the election. And if no newspaper is 
printed in the county then in one of an adjoining county. If given 
by the clerk or county judge, the signature to the notice will be varied 
accordingly.] [§ 14.] 


No. 3. 

Jlppointment of a minority Inspector for each district.—Title III^ 
Art. 3, § 21. 

We, the presiding officers of the annual town meeting held in 

the town of (or charier election held in the city of ) 

on the day of 18 , do hereby, in pursuance of 

the directions given in §21 of Title III, Article third of the act 

entitled “ An act respecting elections other than for militia and 
town officers,” passed April 5, 1842, appoint A. B. in district 
No. 1, C. D. in district No. 2, and E. F. in district No. 3, in said 
town (or in the Vvard of said city) to be associated respec¬ 

tively with the two who have this day been elected for each of said 
districts, and each to be an inspector of election in and for his dis¬ 
trict in all elections held in said district during the present year; 
the said A. B., C. D. and E. F., each being one of the two persons 
in the election districts respectively, who had the highest number of 
votes next to the two inspectors who were elected. 

Given under our hands this 1 
day of 18 . ) 

[To be signed by a majority of the presiding officers.] 


No. 4. 

Appointment of Inspectors to supply vacancies. Title III. Art. 3, 

§ 22 . 

A. B. is hereby appointed inspector of elections in and for dis¬ 
trict No. ], in the town of to supply the vacancy occa¬ 

sioned by the omission to elect or appoint (or occasioned by the 
death, removal or inability to serve, as the case may be,) of C. D., 



73 


and E. F. is hereby appointed inspector of election in and for dis¬ 
trictJNo. 2, in said town, lo supply the vacancy occasioned, &c. 
Given urivler our hands this / 
day of 18 . ^ 

D. E. Supervisor, 

R. O. Town Clerk, 

II* T ^ \ Rf 

p * p j the Peace. 

[The above to be filed in the town clerk’s office.] 


No. 0 . 

Appointment of an Inspector or Inspectors to farm a Board where a 
Tnajority is not present on the day of Election, — Tit, Vllf § 3. 

A majority of the inspectors not being present, I hereby appoint 
A. B. (or A. B. and C. D.) to officiate as inspector of election (or 
as inspectors of election) until a majority of the inspectors shall be 
present. 

Dated IS . 

R. B. Inspector of Election. 
[N. B.—The individual or individuals thus appointed temporari¬ 
ly must take the constitutional oath, and may officiate until a major¬ 
ity of the inspectors attend.—Title VIII, § 4. j 

[The above to be filed in the town clerk’s office. 


No. 6. 

JTotice specifying the place of holding the Election, the officers to he 
elected, and the Time of Opening and Closing the Poll, 

Wc, the undersigned, composing the board of town officers of 
the town of , (or composing the common council of the 

city of ,) hereby give notice, that the (msuing gene¬ 

ral election, at which are to be elected the following officers, to wit: 
(here copy a list of the officers as contained in the notice of the 
Secretary of State,) will be held in lection district number one, at 
the house of J. K. inn-keeper, ir id district; and in election dis¬ 
trict number two, at the house e; "i\ W., farmer, in said district. 
And that the poll of the election . i i be opened on the 








74 


day of November next, at sun-rise, (or, at eip^bt or nine oclock A« 
M., as the board may have determined.) and closed at sunset on 
that day. 

Dated 18 , 

[To be signed by a majority of the officers.] 

[If the election is special, the notice will be varied accordingly. 
This notice is to be put up in at least eight public places in each 
district.—Title III, Art. 3. § 18.] 

[N. B. The poll must be kept open without adjournment or in¬ 
termission, from the opening to the final closing thereof at sunset. 
Title IV, Art. 1, § 6.] 


No. 7. 

Constitutional Oath to he taken by each Inspector^ and the Clerks of 
the Election, —Tit. IV, Art. 1, § 2, 3, 4. 

I do solemnly swear (or affirm, as the case may be,) that I will 
support the Constitution of the United States, and the Constitution 
of the State of New-York, and that I will faithfully discharge the 
duties of the office of inspector (or clerk) of this election, accord¬ 
ing to the best of my ability. 


No. 8. 

Proclarnation of the opening of the PolU 

Hear ye! hear ye! hear ye! The poll of this election is'^open- 
ed, and all persons attending the same are strictly charged and com¬ 
manded, by the authority and in the name of the people of this 
State, to keep the peace thereof during their attendance at this 
election, upon pain of imprisonment. 

An^ all persons are desired to lake notice, that the poll will be 
closeJ at sun set. Tit. IV, Art. 1, S 5. 


No. 9. 

Proclamation on dosing the Poll ,—§ 5. 

Hear ye! hear ye! hear he! The poll of this election is closed. 





75 


There must be but one box (Tit. IV, Art. Ill, g 24,) and one 
ballot for all the officers to be voted for at any election other than 
electors of President and Vice-President, Judges of the Court of 
Appeals, Justices of the Supreme Court, County Judges, separate 
officers to perform the duties of the office of Surrogate, and local 
officers to discharge the duties of County Judge and Surrogate, or a 
proposed amendment of the Constitution. [Tit, IV, Art. II, g 7, 8, 
9, 10.] 

When electors of President and Vice-President are to be chosen, 
a separate ballot must be prepared, to be endorsed Electors;’^ 
when any of the judicial officers above mentioned are to be chosen, 
there must be a separate ballot prepared, to be endorsed “ Judiciary;” 
and in counties entitled to more than one member of Assembly, the 
name of the person voted for as member of Assembly, must be up¬ 
on a separate ballot and endorsed Assembly.” 

In the city and county of New-York the names of all persons vo¬ 
ted for by any elector for Senator, must be upon a separate ballot, 
and endorsed Senate.” In the city and county of New-York, and 
in the county of Hamilton, the names of all the persons voted for 
by any elector for representative in Congress, must be upon a sepa¬ 
rate ballot and endorsed Congress,” and also a separate ballot 
when amendments to the Constitution are submitted to the people* 
And separate canvasses and returns must be made in each of these 
cases. 

N. B. When there is more than one box, each box, to prevent 
mistakes, should be appropriately endorsed or labelled, State,” 

Judiciary,” ‘‘Electors,” “Constitution,” “Senate,” “Assem¬ 
bly,” “ Congress,” as the case may be. 


No. 10. . , 

Form of a Ballot, 

[The word “ State” is to be endorsed on the out side of this, 
when folded.] 






76 


For Governor, 

John Doe. 

For Lieutenant- Governor, 
Richard Roe. 

For Secretary of State ,' 

John Den. 

For Comptroller, 

Richard Fen. 

For Treasurer, 

Peter Fales. 

For Attorney-General, 

Amos Fox. 

For State Engineer and Surveyor, 
Asa Jones. 

Fcr Canal Commissioners, 
Peter Den, 

John Squiers, 

Asa Filkins. 

For Inspectors of State PrisoTis, 
Michael Courtney, 

Ainasa Proudfit, 

Joseph Shaw. 

For Clerk of the Court of Appeals, 
George Handy. 

For Senator, 

Thomas Jones, 

For Representative in Congress, 
James Jackson. 

For Member nf Assembly^' 
John Wood. 

For District Attorney^ 

John Blackletter. 

j For Sheriff, 

5 John Ford. 

For County Clerk, 

Asa Crane. 

For Coroners, 

John Jones, 

Abel Peck, 

John Weed. 


77 


In the city of New-York the following must be added: 

For Register^ 

Lewis Blood. 

If more than one Canal Commissioner or Inspector of State Pri¬ 
sons is to be chosen, except at the election in November, 1847, the 
ballot must be varied as follows: [Title IV. Art II. § 11.] 

For Canal Commissioners^ 

Thomas Jones, three years, 

John Cady, tw'o years. 

For Inspectors of State Prisons^ 

George Fa'es, three years. 

Samuel Johnson, two years, 


No. 11. 

[Form of a Ballot, 

[The word “ Judiciary’’ to be endorsed on the outer side, when 
folded.] 

For Judges of the Court of Appeals^ 

James Jackson, 

John Stiles, 

Richard Fen, 

George Den. 

For Justices of the Supreme Courts 
John Doe, 

Richard Roe, 

Amos Giles, 

John Smith. 

For Clerk of the Court of Appeals. 

John Goodtitle. 

For District Attorney^ 

John Blackletter. 

[The name and office of clerk ot Court of Appeals and district 
attorney, are only to be inserted in the ‘‘ Judiciary” ballot at the 
first election in June, 1847.] 

For County Judge^ 

Augustus Gordon. 


I 







78 


For Surrogate^ 

Anson Jones. 

For Sessions^ 

Peter Smith. 

In those counties where the duties of the office of Surrogate arc 
performed by the County Judge the ballot must be varied, and the 
words For Surrogate” and the candidates name left off; and lo¬ 
cal officers” will be elected to discharge the duties of County Judge 
and Surrogate, wffien authorized by an act of the Legislature, pur¬ 
suant to the provisions of the Constitution. 

If more than one Judge of the Court of Appeals, or Justice of the 
Supreme Court, is to be chosen after the first election, to fill vacan¬ 
cies that may exist, the ballot must be varied as follows: [Title IV. 
Art. II. ^11.] 

For Judges of the Court of Appeals^ 

James Jackson, eight years. 

John Stiles, five years. 

For Justices of the Supreme Courts 
John Doe, eight years. 

Moses Mason, three years. 


No. 12. 

Proceedings on the challenge of a person offering to vote, —Tit. IV, 
Art. 11, g 13, 14, 15, 16, 17, 18, 19. 

When the challenge is made, the preliminary oath is to be admin¬ 
istered in the following form : 

‘‘ You do swear (or affirm) that you wdll fully and truly answer 
all such questions as shall be put to you touching your place of resi¬ 
dence and qualifications as an elector.” 

The inspectors, or one of them, is then to put to the person chal¬ 
lenged, questions on the several topics specified in the fourteenth sec¬ 
tion, in the following order : 

1. What is your name ? 

2. Where do you now reside 1 




79 


3. How long have you resided in this town, [or ward 1] 

4. What was your last place of residence before you came into 
this town, [or ward ?] 

6. Are you a native or naturalized citizen'? 

[// the answer is that he is a naturalized citizen^ Men] 

6. When, where, in what court, or before w^hat officer w'ere you 
naturalized 1 

7. Did you come into this town [or ward] for the purpose of vot¬ 
ing at this election 1 

8. How long do you contemplate residing in this town [or wardi] 

9. Have you made any bet or wager on the result of this elec¬ 
tion'? 

10. Are you directly or indirectly interested in any bet or wager 

depending upon the result of this election ? [iSec. 15, of chap, 240, 
of Laws of 1847.] ^ f t' f 

Only one question on each point of examination, is given above in 
the simplest and shortest form. But after either of the questions is 
put and answered, if doubts exist, or further explanation is necessa¬ 
ry, the inspectors may pursue the subject by putting further ques¬ 
tions on the same topic. If, for instance, to the question, What 
is your name the answ^er should be “ John Doe When any rea¬ 
son exists for believing this to be an assumed name, the person chal¬ 
lenged may be asked, Have you not lately [or formerly] been 
known by another name 1” or any other or additional question or 
questions which are deemed expedient. 

The inspectors are authorized to question the person challenged 
in relation to his name” and in relation to^^ every topic embraced 
in the 14th section. The general authority to question the person 
challenged m relation to^"^ each topic of examination, does not mean 
that only one question shall be put on each. On the other hand, 
the fair construction is that every question in relation to^^ each topic 
I may be asked, 
i 

The 14th section allows all such other questions as may tend to 
test the qualifications of the person challenged, as a resident of the 
town or w^ard, citizenship and right to vote at that poll.” These 
questions ■will of course depend upon the circumstances of each 
case. 




80 


The questions which are authorized by the 14th section seem to be 
based upon the assumption, that a residence in the town or ward is 
sufficient. This was the case under the former law; but under the 
present law, where a town or ward has been divided into election 
districts, a residence in the election district where the poll is held, is 
indispensable, as is also a residence of thirty days next preceding 
any election, by the 1st section of the 2d article of the Constitution, 
in the district from which the officer is to be chosen for whom the 
elector offers his vote; in all cases, therefore, where there is any 
doubt, it will be w’ell, among the ‘‘ other questions” to put the fol* 
lowing: 

Do you now reside in this election district? 

Where the lawful age of the person challenged is questioned, the 
following should be put: 

Are you now twenty-one years of age ? 

And all such other questions, as under the circumstances of each 
case, shall be deemed expedient to elicit the truth on each topic of 
examination. 

If any person challenged, shall refuse to take the preliminary 
oath, or to answer fully any questions put to him, his vote shall be 
rejected: 15.] 

After receiving the answ’ers of a person challenged, the board of 
inspectors must point out to him the qualification in respect to which 
be shall appear to them to be deficient: 

If he persists in his’ claim to vote, and the challenge is not with¬ 
drawn, one of the inspectors must administer to him the general 
oath, as follows: 

‘‘You do swear (or affirm, as the case may be) that you have been 
a citizen of the United States for ten days, and are now of the age 
of twenty-one years, that you have been an inhabitant of this State 
for one year next preceding this election, and for the last four months 
a resident of this county; that you havebeen for thirty days next 
preceding this election, a resident of this Assembly district, (or Sen¬ 
ate or Congressional district or districts, ward, town, village or city, 



81 


as the case may be, naming any or all of the foregoing districts, 
ward, town, village or city from which the officer is to be chosen 
for whom said person offers to vote,) that you are now a resident of 
this town, (or ward, as the case may be,) and of the election district 
in which you now offer to vote; and that you have not made any 
bet or wager, and are not directly or indirectly interested in any bet 
or wager depending upon the result of this election, and that you 
have not voted at this election.” 

If any person challenged refuses to take the general oath,” his 
vote must be rejected: [g 19.] 

If the person challenged, takes the preliminary oath, and answers 
‘‘ fully” all questions put to him, and also takes the general oath, it 
is believed that the inspectors would be bound to receive his ballot, 
even although they might have strong reason to believe that he had 
committed perjury. But in such case it would be their duty to cause 
legal proceedings to be immediately instituted against him for the 
offence. 


No. 13. 

By the 32d section of Tit. IV, Art. 3, the inspectors are vested 
with “ full authority to preserve peace and good order at, and around 
the polls of the election, and to keep the access thereto open and 
unobstructed, and may appoint one or more electors to communicate 
their orders and directions, and to assist in the performance of the 
duties in this section enjoined.” 

Whenever a collection of turbulent individuals is anticipated 
around the poll, it will be well for the inspectors, particularly in the 
cities, on organizing themselves into a board, to appoint so many 
discreet electors as they may deem necessary, to communicate their 
orders and directions, &c. And where such appointment is not made 
at the opening of the poll, it should be made immediately on the 
commencement of any serious disturbance or obstruction. And the 
inspectors, if the disturbance is out of their sight and hearing, so 
that they cannot, of their own knowledge, identify the individuals 

6 






82 


creating the same, should cause their command to the offending in¬ 
dividual or individuals to desist immediately from such disturbance 
or obstruction, to be distinctly communicated by some one or more 
of the electors appointed as above. And on complaint being made 
to them, that their command is disregarded ; and on causing notice 
to be given to the party charged that the complaint has been made, 
so that he may, if he choose to do so, confront and cross-examine 
the witnesses, the inspectors may administer such oath or oaths, and 
examine such witness or witnesses as are necessary to establish the 
complaint: and if the offence is clearly established, they may issue 
the precept No. 14, adapting it to the offence. [The authority for 
administering the necessary oath or oaths in this case, will be found 
in Part III, Chap. VIII, Tit. XVII, g 11, of the Rev. Stat.] 

If there is no sheriff or constable present, the board of inspectors 
may depute some other person in writing, on the back of the process, 
to execute the same, as follow's : [g 34.] 

No sheriff or constable being present, we hereby depute John Doe 
to serve and execute the within process. 

[To be signed by a majority of the boaid.] 


No. 14. 

Form of a precept to he issued hy the Inspectors for the arrest and deten¬ 
tion^ until the canvass of the votes^ of any individual who is guilty 
of disorderly conduct in the presence or hearing of the Inspectors ,— 
Tit. IV, Art. Ill,’ § 33. 

The People of the State of New^-York to the sheriff of the (city 
and county of , and to any constable of said county: 

Whereas, at the present annual election held in and for election 
district number in the town of (or in the 

ward of the city of ) in said county, James Jackson, 

in the presence (or in the hearing) of us the undersigned Inspect¬ 
ors of the said election did, by disorderly conduct, to wit: (by 
I loud and boisterous noises, or by violent stamping, or by assaulting 
John Doe and divers others, or by commencing a riot or an affray 
with divers persons, as the case may be,) interrupt and disturb the 
proceedings of us the said Inspectors in conducting the said elec¬ 
tion j you are therefore hereby ordered forthwith to arrest the said 




83 


James Jackson, and him safely detain in custody until the final 
canvass of the votes given in this election district shall be com¬ 
pleted. 

Given under our hands and seals this 'day of 18 . 

[This should be signed by at least a majority of the inspectors. | 


No. 15. 

Form of a 'precept for the arrest and detention of any person who 
shall refuse to obey the lawful commands of the Inspectors.^^ 

The People of the State of New-York to the sheriff of the (city 
and) county of and to any constable of said county: 

Whereas, at the present annual election held in and for the elec¬ 
tion district composed of the town of (or of the 

ward of the city of ) in said county, James Jackson did 

wilfully and intentionally obstruct the passage way to the poll of 
the said election, thereby hindering and preventing free access to 
the said poll in open and known violation of the command of us 
the undersigned Inspectors of this election, previously and publicly 
given in his hearing'; you are therefore hereby ordered fortWith to 
arrest the said James Jackson and him safely keep and detain in 
custody until the final canvass of the votes given in this election 
district shall be completed. 

Given under our hands and seals this day of 18 . 

[To be signed by a majority of the inspectors.] 


No. 16. 


Form of the Poll Lists to he kept by the Clerks of the Election. 


Names of Voters. 

state Box. 

Judiciary Box. 

Assembly Box. 

A. B. 

I 

1 



P. 0. C. D. 

1 



G. 0. E. F. 

1 



B. 0. G. H. 

1 




The inspectors must keep a minute of their proceedings in re¬ 
spect to challenges and the administering of the oaths; in which 





















84 


one of them must enter the name of every person who shall have 
taken the oaths or either of them, designating whether the prelimi¬ 
nary or both oaths were taken. This minute must be certified by 
the inspectors, and returned with the canvass of votes. 

The inspectors must also direct the clerks of the polls to desig¬ 
nate opposite to his name, on the poll list, each person who shall 
have taken either or both of said oaths. The designation may be 
by making in the left hand margin, opposite to the name, the ini¬ 
tials P. O., for preliminary oath, G. 0., for general oath, and B. O., 
for both oaths, as above. [Tit. IV, Art. II, § 22.] 

When electors of president and vice-president are to be chosen, 
a fourth column should be added to the poll lists, and when 
amendments to the constitution are submitted, a fifth column, as 
follows: 


Names of Voters. 

State Box. 

Judiciary 

Box. 

Assembly 

Box. 

Electoral 

Box. 

Constitution¬ 
al Box. 








No. 17. 

Form of the minute or statement of persons challenged, to each of 
whom is administered the oath or oaths required hy law. 

At the general election, held in election district number three, in 
the town of (or in the ward of the city 

of ) in the county of on the day of 

18 , the following persons were challenged, and re¬ 

spectively took the oath, or oaths, as stated below, to wit: 

Peter Roe, John Den, and Joel Stiles, each took the preliminary 
oath, whereupon the challenge was in each case withdrawn. 

John Knox, Asa Fen, and Ira Dox, each took the preliminary, 
and also the general oath, (or affirmation, as the case may be.) 

We certify that the above is a true minute and statement of the 





















85 


persons challenged, who took either or both of the oaths or affirma¬ 
tions required by law. 

Dated 18 . 


A. B. ) 

C. D. > Inspectors, 

E. F. ^ 


No.-18. 

Canvass of Votes, 

On closing the poll the inspectors must proceed to canvass the 
votes. By the former law, they migiiv adjourn to the next day. 
This cannot now be done. The canvass most be immediately com¬ 
menced ; it must be public, and cannot be adj ^urned or postponed 
until completed. [Tit. IV, § 35.] 

All the directions for conducting the canvass are specifically 
given in Art. IV, of Tit. IV. These directions must be carefully 
followed. 

After the poll lists have been compared and made to agree, the 
box is to be opened and the ballots to be counted unopened. After 
they have been made to agree with the poll lists (by drawing and 
destroying if necessary) the canvass of the votes is to commence. 

The names of all the persons voted for (except Electors of Presi¬ 
dent and Vice-President, judicial officers, members of assembly in 
counties entitled to more than one, senators in the city and county 
of New-York, and representatives in congress in the city and county 
of New-York, and the county of Hamilton,) must be upon one bal¬ 
lot. [Title IV, Art. 2, § 9.] 

No ballot shall contain a greater number of names of persons as 
designated to any office than there are persons to be chosen to fill 
such office. § 8. In other words, no more candidates must be voted 
for on one ballot, than there are offices to be filled. 

All the officers voted for, from Governor down to coroners, ex¬ 
cept as above stated, must be on one ballot. If, then, an elector, 





86 


when two coroners only are to be chosen, by accident or design 
votes for three, will this excess of names for coroners destroy the 
whole ballot, when the remainder of it is correct ? The answer, is 
it will not, although the language of the statute might seem, at first 
view, to justify the exclusion of the ballot. 

Formerly, state, congressional and county officers were on sepa¬ 
rate ballots, and deposited in separate boxes; and a mistake in 
either of them did not nullify the rest. Nor is there now any reason 
for a more rigid construction. The object of placing the names of 
all the officers to be chosen on one ballot, as far as supposed to be 
practicable and preserve the classification introduced by the present 
constitution, is merely to simplify the election, and not to sacrifice 
the elective franchise. So far as the ballot is correct for each de¬ 
scription of officers, it should be canvassed and estimated, and the 
remainder only rejected. 


No. 19. 

Ceriijicate of Canvass. 

We, the board of inspectors of election, in and for the elec¬ 
tion district of the town of (or of the ward of 

the city of ) in the county of do certify, 

that the following is a correct statement of the result of a general 
election held in said district, on the day of November, one 

thousand eight hundred and , viz ; 

That the whole number of votes given for the office of Governor, 
was four hundred and fifty ; of which John Doe received two hun¬ 
dred and ten; Job Tracy received one hundred and twenty ; Ira 
Jones received ninety; John Teal received seventeen; Amos Doe 
received eleven ; Peter Hall received one, and J. Good received 
one. 

Dated , in the year 18 . 

C * D* ^ of 

L Election, 

[Proceed in this manner with each description of officer or offi¬ 
cers voted for, giving first the whole number of votes, written out 
in words (not figures,) at full length, and then the number of votes 
for each candidate voted for, written out in the same way. 




87 


If more than one canal commissioner or inspector of state prisons 
is to be elected, after the first general election in November, 1847, 
give first the whole number of voteS; and then add : of which John 
Pell received three hundred and fifty, for four years; Peter Den re¬ 
ceived two hundred and twenty, for two years,” &c., as the case 
may be.] 

N. B. In counties entitled to more than one member of assembly 
the certificate should contain the following statement, viz: “ That 
the whole number of votes given for the office of member of assem¬ 
bly for the (first, second, third, &c., as the case may be) assembly 
district in said county, was four hundred and sixty; of which John 
Tate received two hundred and forty,” &c., giving the names and 
number of votes received by each person voted for, and the number 
of the assembly district. 


No 20. 

Certificate of canvass of votes for Electors of President and Vice 
President, 

We, the undersigned, composing the board of inspectors of elec¬ 
tion in and for the election district of the town of 

(or of the ward of the city of ) in the county 

of do certify that the following is a correct statement 

of the votes given for Electors of President and Vice President at a 
general election held in said district on the day of Novem¬ 
ber, one thousand eight hundred and , viz: 

That the whole number of votes given in said district for the 
office of Electors of President and Vice President was eighteen 
thousand five hundred and forty; of which John Den received five 
hundred and fifteen; Peter Dale received five hundred and forty, 
&c. 

Dated 18 . 

A,W,) T , / 

^ Election. 

N. B. One canvassed ballot of each kind, given for the officers 
to be chosen, must be securely attached to the paper containing the 
canvass, and the writing of the statement with respect to each de- 




88 


scription of officers or officer, must be partly on such ballot. [Tit. 
IV, Art. 4, § 42.] 

Great diversity of practice has prevailed under this section. And 
indeed, there is at first view considerable ambiguity in the language 
of the statute. The provision is in these words : “ The inspectors 
shall securely attach to a statement of such canvass, one ballot of 
each kind found to have been given for the officers to be chosen at 
such election, any or either of them, except those given for Electors 
of President and Vice President, and they shall state in words at 
full length immediately opposite such ballot, and written partly on 
such ballot and partly on the paper to which it shall be attached, 
the whole number of all the ballots that were received which cor¬ 
respond with the one so attached, so that one of each kind of the 
ballots received at such election for the officers then to be chosen 
shall be attached to such paper, with a statement of such canvass.’^ 

The words any or either of them ” would seem to imply that 
every scattering vote or split ticket should be attached. Such votes, 
however, are sometimes so numerous as to render this and the 
writing ‘‘ pa^^tly on such ballot and partly on the paper to which it 
is attached,’’ nearly or quite impossible. And it is believed that no 
good reason can be assigned for such a construction. The Legis¬ 
lature, aware that the community was divided into political parties, 
each of which might vote for officers of its own creed, determined 
that a specimen ballot of each should be attached to the return, 

so that one of each kind of the ballots received at such election 
for the officers then to be chosen shall be attached.” At every 
election, each political party has its ticket for the officers then to 
be chosen; ” and one ballot of each, as a specimen, must be at¬ 
tached. The ballot to be attached is one which is given ‘‘ for the 
officers then to be chosen ; ” it is a full ticket of each political party. 
It is “ one of each political kind of ballots for the officers then to 
be chosen.” And the ballot to be attached must be one which is 
“for the officers then to be chosen,” and not for a part or portion of 
them, such as may be on a scattering vote or split ticket. 



89 


Such, when the whole section is considered, seems to have been 
the object of the Legislature and the words any or either of them ” 
must be understood in subordination to this object, and as qualified 
by the subsequent words, “ so that one of each kind of ballots for 
the officers then to be chosen, &c.’’ The irregular, scattering and 
split tickets must be canvassed and estimated : but the ballots need 
not be attached. 

In making a canvass, estimate and statement of votes given for 
Electors of President and Vice President the same proceeding as 
above should be observed. [Tit. IV, Art. 4, § 43.] 

Defective Ballots, —Tit. IV, Art. 4, § 42. 

All ballots which are so irregular, ambiguous or informal, as that 
they cannot be canvassed, are denominated defective ballots,” 
and must be rejected. All the defective ballots which have been 
rejected, must be attached to the statement, containing the canvass, 
by wafers or otherwise, and returned with the original canvass to 
the board of county canvassers. 

The object of the law in requiring the defective ballots to be at¬ 
tached to the statement and returned to the county canvassers doubt¬ 
less is, that these ballots may be examined by the county canvas¬ 
sers, and any mistake in returning them or any of them as defective, 
when they are not so, corrected. 

Ballots may be defective in various ways; as for example : 

If under the designation For Governor,” two or more names 
should be written or printed, the ballot would be defective : 

If under the words ‘‘ For Members of Assembly,” or “ Coroners,” 
more names than there are officers of the particular description to 
be elected, should be inserted, the ballot would be defective : 

If names are given without a designation <d the office, the ballot 
is defective : 

If several designations of office are united, as, ‘‘For Assembly 
and Coroners,” the names attached to or in connection with such 





90 


blended designations cannot be canvassed; and the ballot is de¬ 
fective ; 

If the Christian name or surname only is given, the ballot is de¬ 
fective. But well known and established abbreviations of Christian 
names, as, Wm. for William, Jno. for John, Abm. for Abraham, 
&c., ought not to be deemed defective ; because the meaning is as 
clearly conveyed as though the names had been written at full 
length. 

Where the name is misspelled, if the sound is conveyed, the 
ballot should be counted, as, Jacub for Jacob, Jonson for Johnson, 
&c. 

Where there is reasonable doubt, that is, where two conflicting 
constructions can be fairly given to the ballot, it is defective. 

A copy of the certificate and canvass must be made by the in¬ 
spectors, and immediately filed by them in the office of the clerk of 
the city or town. The poll lists must be filed in the same man¬ 
ner. The ballots not pasted or attached to the canvass must be 
destroyed. 

Within twenty-four hours after it is made, the original certificate 
and canvass must be delivered by the inspectors, or one of them, to 
be deputed for that purpose, to the supervisor of the town or ward, 
or if his office is vacant or he is unable to attend the county canvass, 
then to one of the assessors of the town or ward. 


No. 21. 

Certificate of canvass of votes for Judicial Officers, 

We, the undersigned, composing the board of inspectors of elec¬ 
tion in and for the election district of the town of 

(or of the ward of the city of ) in the county of 

do certify that the following is a correct statement of 
the result of a general election held in said district on the 
day of November, one thousand eight hundred and , (or at 

the election held in said district on the seventh day of June, one 
thousand eight hundred and forty-seven,) viz : 




91 


That the whoh number of votes given in fhe said district for the 
cftice of judge of the court of appeals, was six thousand and forty 
four; of which James Jackson received eight hundred and twenty 
two; John Stiles received eight hundred and thirty, (&c. &c., pro¬ 
ceeding through the whole list of officers and names voted for.) 

^ That the number of votes given in said district for the office of 
justice of the supreme court, was six thousand and thirty five ; of 
; which John Doe received nine hundred and fifty-three; Richard 
Roe received nine hundred and forty-two, (&c., as before.) 
in the year 18 . 

A. B. 1 

C. D. > Inspectors. 

E. T. S 

[The inspectors must proceed in this manner with each descrip» 
tion of officer or officers voted for, giving first the whole number of 
votes, written out in words, (figures should not in any instance be 
I used,) at full length, and then the number of votes for each candi¬ 
date voted for, w’ritten out in the same way. 

If more than one judge of the court of appeals or justice of the 
supreme court is to be elected, after the first judiciary election in 
June, 1847, give first the whole number of votes, and then add : ^‘of 
which James Hardwick received three hundred and eighty five for 
six years ; John Griscome received two hundred and ninety-one for 
four years,” &c., as the case may require.] 


No. 22. 

County Canvass. 

The proceedings of the board of county canvassers are minutely 
prescribed in Tit. V. Art. 1, and the directions of the law must be 
carefully followed. 

Statement hy the hoard of County Canvassers. 

Statement in relation to Governor, Lieutenant-Governor, Judges of 
the Court of Appeals, Justices of the Supreme Court, Clerk of 
the Court of Appeals, Secretary of State, Comptroller, Treasurer, 
Attorney-General, State Engineer and Surveyor, Canal Commis¬ 
sioners, Inspectors of State Prisons, Senators and Representatives 
in Congress: 





92 


The board of county canvassers of the county of having 

met at the office of the clerk of said county, on the ^ day of 
November, 18 to canvass and estimate the votes given in the se¬ 
veral election districts of said county, at the general election, held 
on the day. of in the year aforesaid, do certify as fol¬ 

lows, to wit: That it appears, on such estimate and canvass, that 
the whole number of votes given for Governor, was fifteen thousand 
one hundred and ten ; of which Peter Doe received seven thousand 
and one ; Abel Roe received six thousand and twelve ; John Den 
received one thousand two hundred and seventeen, and Job Fen re¬ 
ceived eight hundred and seventy-two votes: 

That the whole number of votes given for Lieutenant-Governor, 
was fifteen thousand, of which, (&c. as before:) 

That the whole number of votes given for Senator, (or Senators, 
as the case may be,) was, &c. ; 

[If more than one Judge of the Court of Appeals, Justice of the 
Supreme Court, Canal Commissioner, or Inspector of State Prisons, 
is to be elected, give the number of years assigned to each candi¬ 
date, as contained in the aggregate of the canvass of the several 
election districts.] 

That the whole number of votes given for Canal Commissioner 
(or Canal Commissioners, as the case may be,) was &c. 

That the whole number of votes given for a Representative in 
Congress, was, &c. 

Dated the day of in the year 18 . 

A. B. Chairman* 

C. D. Clerk of the County and Secretary* 

Statement in relation to County Officers, 

The statement may be in the same form as the preceding, varying 
only as to the description of officers in the caption or heading and 
then proceed as follows : 

That the whole number of votes given for County Judge, was, &c. 

That the whole number of votes given for District Attorney, &c. 

That the whole number of votes given for Sheriff, &c. 

That the wffiole number of votes given for County Clerk, &c. 

That the whole number of votes given for Coroners, &c. 

[And in the city of New-York,] 

That the whole number of votes given for Register, &c. 

[When the separate officer, to perform the duties of the office of Sur¬ 
rogate, and the local officers to discharge the duties of County Judge 



93 


and Surrogate are chosen, the officers and names of the officers 
should be inserted in the above statement.] 


No. 23. 

Certificate oj the election of County Ofiicers* 

The board of county canvassers of the county of having 

canvassed and estimated the votes given in the several election dis¬ 
tricts of the said county, at a general election, held on the 

hereby certify, determine and declare 
mat John Doe, by the greatest number of votes, was duly elected 
County Judge of said county: 

That Richard Roe, by the greatest number of votes, was duly 
elected District Attorney of said county. 

That Abel Stiles, by the greatest number of votes, was duly elec¬ 
ted Sheriff of said county: 

That Asa Webb, by the greatest number of votes, was duly elec¬ 
ted County Clerk of said county: 

And that John Dun, Ralph March and Eli Root, by the greatest 
number of votes, were duly elected Coroners of the said crunty. 

Dated the day of November, in the year 18 . 

A. B. Chairman. 

C. D., County Clerk and Secretary. 

N. B. If there are any other county officers elected the names 
and designations must be entered in the above certificate. 


No. 24. 


Statement by Board of County Canvassers. 

Statement in relation to members of Assembly: 

The board of county canvassers of the county of having 

met at the office of the Clerk of said county on the day 

of November, 18 , to canvass and estimate the votes given in the 

several election districts in each of the Assembly Districts of said 
county, at the general election, held on the day of in 

the year aforesaid, do certify as follows, to wit: 

That it appears, on such estimate and canvass, that the whole 
number of votes given for member of Assembly in the First Assem¬ 
bly District of said county, was nine thousand four hundred and 
fifty; of which John Smith received four thousand and eight hun- 







94 


<lred; Peter Fales received four thousand four hundred and fifty; and 
John Doe received two hundred votes. 

That the whole number of votes given for member of Assembly 
in the second Assembly District of said county, was nine thousand 
and fifteen; of which Peter Nokes received five thousand and ten; 
Samuel Stark received four thousandj J. Colton received three, and 
Patrick Holton received two votes. 

[Proceed in this manner with the subsequent districts in the coun¬ 
ty, where there may be more than two, until the result in each As¬ 
sembly district is given. Where the county does not elect but one 
member of Assembly the statement will be varied to conform to the 
fact.] 


No. 25. 

Certificate of the election of Members of Assembly, 

The board of county canvassers of the county of having 

canvassed and estimated the votes given in the several election dis¬ 
tricts in each of the Assembly Districts of the said county, at a gen¬ 
eral election held on the day of 18 , do hereby 

certify, determine and declare that John Doe, by the greatest num¬ 
ber of votes was duly elected member of Assembly, in and for the 
First Assembly District in said county. 

That Richard Roe, by the greatest number of votes was duly elect¬ 
ed member of Assembly in and for the Second Assembly District in 
said county. 

Dated the day of November, 18 . 

A. B. Chairman, 

C. D. county clerk and secretary, 

[Where more than two members of Assembly are elected in a 
county, proceed in like manner to give the name of each person elect¬ 
ed, and the number of the election district he is to represent.] 


« 





95 




No. 26. 

Certificate of the County Clerk to he added to the Transcript or Copy 
of the Recorded Statement. 

[After transcribing the whole statement, and affixing thereto the 
seal of his office, add the following:] 

I certify the above to be a true copy from the record in my office. 

A. B. Clerk of the county of 

The clerk of each county is to transmit to the Secretary of State 
a list of the names of the members of Assembly, and a list of the 
names of all the county officers. And in addition to former laws, 
he is required to give in such lists, the place of residence of each of 
them respectively. [Tit. V, g 22.] 


Secretary’s Office, ? 

Albany^ May l^th 1847. J 

The act, chapter 276, of the Law's of 1847, entitled An act to 
provide for the election of certain judicial and other officers, and to 
fix their term of office,” w'hich is published in this pamphlet, pro¬ 
vides that the first election for the officers designated therein, shall 
be held on the seventh day of June, 1847. 

The S 2 of this act, directs that in all the counties of the State 
(except New-York,) having a population of forty thousand, a sepa¬ 
rate officer to perform the duties of the office of Surrogate, shall be 
chosen at the said election, if determined upon, as prescribed in the 
g 11 of the act, by the board of supervisors, in accordance with the 
provisions of said section. The officers so to be determined upon 
and elected, are denominated by the 14th section of the act, Sur¬ 
rogates.” 

By the § 3 of the same act, recorders are to be elected on the day 
above mentioned, in each of the cities of the State, (except New- 
York) in which the office existed on the 31st day of December, 
1846, and the inspectors of election in the cities in which such re¬ 
corders are to be chosen, must provide a separate box in which the 
ballot for the candidate voted for must be deposited. 





96 


Form of the ballot to be used, on which the word city” must be 
endorsed on the outer side, when folded ; 

For Recorder^ 

Richard Peters. 

The names of all the persons voted for at the election before men¬ 
tioned, forjudges of the Court of Appeals, justices of the supreme, 
clerk of the court of appeals, county judge, surrogate, district at¬ 
torney, justice of the peace, designated for sessions,” must be 
upon one ballot, to be endorsed ‘^judiciary,” which ballot must 
be received and deposited by the inspector of elections, in a spea- 
rate box kept for that purpose. ^ 

Any further directions on this head, except to refer to the general 
instructions preceding these remarks, are not deemed necessary or 
important. 

Proper care must be observed in respect to the selection or desig¬ 
nation of the justices of the peace in the several counties, to be as¬ 
sociated with other judicial officers in holding courts for the trial of 
criminal cases. The following section of the act entitled An act 
in relation to the judiciary,” passed May 12th, 1847, is believed to 
be of sufficient importance to authorize its insertion in this place. 

§40. At the first election for county judge, and at every general elec¬ 
tion after the year one thousand eight hundred and forty-seven, two jus¬ 
tices of the peace in each county, except the city and county of New- 
York, shall be designated to hold courts of sessions in their respec¬ 
tive counties, as follows: each elector may designate or place upon 
a ballot under the words for sessions,” the name of one justice of 
the peace in the county, having at least two years from the first day 
of January next after said election to serve, and the two justices of 
the peace having the greatest number of said votes, shall be deemed 
designated as members of the court of sessions of that county; those 
so designated at the first election, until and including the last day of 
December, one thousand eight hundred and forty-nine; and those 
so designated after the present year, for two years, commencing on 
the first day of January next after said designation ; and at said first 
election, such justices shall be voted for on the same ballot with the 
county judge, and thereafter if any county officer shall be then voted 
for, upon the same ballot with the county officers. And if said jus- 
^ tices or either of them, shall be absent at any term of oyer and ter- 




97 


miner, or at any term of said court of sessions, or the office of any 
such justice shall become vacant, the county judge may at any such 
term of the court, supply any vacancy or deficiency during that term, 
by selecting any justice of the peace of the county, for that pur¬ 
pose. 

Two justices of the peace are to be designated in each county, but 
an elector cannot designate or place” upon his ballot more than one 
name ; and if he do so by accident or design, the ballot will be void 
so far as regards the designation, but if the remainder of it. is cor¬ 
rect, an entire exclusion of the whole ballot would not be justified. 

By the 6th section of the act, chapter 276 of the Laws of 1847, 

all laws relating to general elections,” are made applicable to 
the election authorized” by that act. The board of county canvas¬ 
sers are required by sec. 2, art. I, title V, of the act respecting elect¬ 
ions, other than for militia and town officers,” passed April 5, 1842, 
to meet at the office of the county clerk, on the Tuesday next fol~ 

I lowing the election^ before one o’’clock in the afternoon of that day, 
and organize as a board. The election being held on Monday, the 
7th day of June, the boards of county canvassers must consequently 
meet the day following and organize, or adjourn to the next day if 
necessary. If there should not be a full attendance on that day, it 
will be expedient that measures be taken to notify the absentees im¬ 
mediately, in order that they may be in attendance on the day fol¬ 
lowing, or that the statements of the votes from the election districts 
of the towns not represented at the board may be produced at the 
canvass. 

The time prescribed by the existing law for the meeting of the 
county canvassers, and the period allowed to make up and delivei 
the original statements, must have escaped the attention of the 
Legislature when the judiciary election law was under considera¬ 
tion, or it is presumed a different and more convenient period for 
the meeting would have been fixed ; at least two intervening days 
between the election and the day assigned for the county canvass 
\vould have been given. 

7 




98 


The § 48 of Title IV, requires the original statements of the 
votes to be delivered by the inspectors or one of them to the super¬ 
visors, within twenty-four hours after the same shall have been 
subscribed. In this case the importance of the subject demands 
that this duty be performed immediately, and that these statements 
be placed in the hands of the supervisors as soon as they can be 
made out and carried by express to those officers, in order that they 
may be transmitted to the county clerk’s office and filed there before 
six o’clock on the afternoon of the ninth day of June, or before that 
time if practicable, if the supervisor or assessor of the town should 
not be able to attend. 

If all the election returns in the county should not be presented 
on the first day when the board are required to convene, the present 
emergency would justify an adjournment to a very late hour in the 
afternoon of the ninth of June, to afford an opportunity to have all 
the election returns of the county brought in. The particular at¬ 
tention of the inspectors of elections and the members of the boards 
of county canvassers is called to Sections 35 and 48 of Title IV, 
and Sections 2, 12, 13, 14 and 15 of Title V of the “ act respect¬ 
ing elections other than for militia and town officers.” 

N. S. BENTON, 
Secretary of State. 



CHAP. 255 
AN ACT 

In relation to the superior court and court of common 
pleas in and for the city and county of New-York. 

Passed May 12, 1847. 

1 he People of the State of New-York^ represented in Senate and 
Assembly j do enact as follows : 

Section 1. Three justices of the superior court of the city and 
county of New-York, and three judges of the court of common pleas 
of the city and county of New-York, shall be elected by the elect¬ 
ors of said city and county, at the first election of the justices of the 
supreme court; the said justices of the superior court shall be voted 
for together, on the same ballot, but such ballot shall be separate 
and distinct from any other ballot voted at the same election, and 
shall be deposited in a separate box to be designated “ superior 
court.” The said ballot shall be designated on the inside thereof, 
for justices of the superior court,” and on the outside thereof, 
superior court.” The judges of the court of common pleas shall 
be voted for together on the same ballot, but such ballot shall be 
separate and distinct from any other ballot voted at the same elec¬ 
tion and shall be deposited in a separate box to be designated “ com¬ 
mon pleas;” but an omission of either of such designations shall not 
vitiate any ballot, provided the same shall be found in the appro¬ 
priate box. 

§ 2. The votes for such justices and judges shall be canvassed and 
certified in the same manner as the votes for register and clerk of 
the city and county of New York are canvassed and certified. And 
a certificate thereof shall also be filed with the Secretary of State. 

g 3. Said justices first elected shall immediately after the votes 
are canvassed, be classified by lot, to be publicly drawn by the re¬ 
gister and clerk of the city and county of New-York, in the presence 
of the mayor and recorder of the city of New-York, or one of them, 
and said certificate of said drawing and classification shall be signed 
by said register and clerk, and said mayor or recorder, or both of 
them, and filed in the office of said clerk and register. The classes 
shall be numbered one, two and three, according to the term of ser¬ 
vice of each, and the class having the shortest time to serve shall be 
number one, and the term of offices of the justices drawn in class 
number one shall end on the thirty-first day of December, one thou- 





100 


sand eight hundred and forty-nine ; in class number two, on the 
thirtv-first day of December, one thousand eight hundred and fifty- 
one, and in class number three, on the thirty first day of December, 
one thousand eight hundred and fifty-three, so that one of said 
justices shall go out of office every two years, and after the expira¬ 
tion of the terms of office under the first classification, the term of 
office of said justices shall be six years, and the terra of office of the 
justices first elected shall commence on the first day of January next. 

§ 4. All the provisions of the last preceding section shall also 
apply to the judges of the court of common pleas in and for the 
city and county of New-York, whose election is provided for by this 
act. 

g 5. At the general election next preceding the time at which the 
term of office of any such justice or judge shall then expire, there 
shall be an election to fill such vacancy, and if a vacancy shall occur 
at any time in the office of any justice or judge before his term shall 
have expired, by death, resignation, removal or otherwise, then such 
vacancy shall be filled for the residue of the unexpired term at the 
next general election after the vacancy shall occur. 

§6. The justices of the superior court elected pursuant to this 
statute, shall select one of their number to be the chief justice there¬ 
of, and the judges of the court of common pleas so elected shall 
select one of their number to be the first judge thereof, which said se¬ 
lection shall be made within ten days after the commencement of the 
term of office of any such justice or judge elected for a full term, 
and an order stating the result of such selection shall be entered 
with the clerk of the court, and if no such selection shall be made, 
Ine justice or judge not elected for an unexpired term, and having 
the shortest time to serve, shall be such chief justice or first judge. 

g 7. The justices of the superior court whose election is provided 
for by this act shall have and possess the same powers and perform 
the same duties as the justices of that court now have and possess 
and perform; and the judges of the court of common pleas whose 
election is provided for by this act, shall have and possess the same 
powers and perform the same duties as the first judge and assistant 
judges of said court of common pleas now have and possess and 
perform. 

2 8. The salary of the justices and judges of the said courts shall 
be fixed by the board of supervisors oi the said city and county be¬ 
fore and to commence on the first day of July next, and shall not be 
increased or diminished during their term of office. 

g 9. The terms of office of the present justices of said superior 
court, and of the first judge and two associate judges of the court of 
common pleas of the city and county of New-York, shall terminate 
on the first day of January next, and from and after that day, the 
offices of the first judge and two associate judges of the court of 




101 


common pleas in and for the city and county of New-York, except 
as herein before provided, are abolished. 

g 10. The fees to which the justices or judges of the said courts 
are now entitled, shall after the first day of July next be received 
and paid by the clerks of the said courts into the treasury of said 
city and county for the use of the said city, and the said several sa¬ 
laries hereinbefore provided for, shall be paid out of said treasury in 
quarter yearly payments. 

g 11. This act shall take effect immediately. 


State of New-York, } 
Secretary's Office. ^ 

I have compared the preceding with an original law on file in this 
office, and do certify that the same is a correct transcript therefrom 
and of the whole of the said original. 

N. S. BENTON, 

Secretary of State. 





\ 





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